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of commissioned and non-commissioned officers and musicians, shall TITLE 5. furnish the president of the proper court-martial, with a return of all delinquents under the rank of a major, in the staff or line.

S 35. In case of any invasion, or of imminent danger thereof, with Duty of offiin the limits of any division, brigade, regiment, or separate battalion, of invasion. it shall be the duty of the commandant of such division, brigade, regiment, or separate battalion, to order out, for the defence of the state, the militia, or any part thereof, under his command.

S 36. It shall also be his duty, to give immediate notice of such in- Ib. vasion, and of the circumstances attending the same, to his immediate commanding officer, by whom such information shall be transmitted, with the utmost expedition, to the commander in chief.

S 37. The commandant of every regiment, or separate battalion, it. within the limits of which an insurrection may happen, shall immediately assemble his regiment, or battalion, under arms, and with the utmost expedition, shall transmit information of such insurrection, to the commandant of his brigade, and to the commander in chief.

$ 38. He shall also give immediate notice of such insurrection, to Ib. any judge of the county in which it shall happen, and shall take such measures for its suppression, as to such judge shall appear most proper and effectual..

$ 39. If the said judge shall deem a greater force requisite to quell lb. the insurrection, he shall require such additional force as he may deem necessary, from the commandant of the division, or of any brigade therein, whose duty it shall be to obey his requisition.

S 40. Every person, who, whilst in the actual service of this state, Pere shall be wounded or disabled in opposing or suppressing any invasion of or insurrection, shall be taken care of and provided for, at the expense of the state.

S 41. Whenever the president of the United States, or the com- Drafts of mimander in chief, shall order a draft from the militia for public service, such draft shall be made, in each company in which it is required, by lot, to be determined at a company parade ordered for that purpose.

S 42. Each non-commissioned officer, musician, and private, pre- Ib. sent at such parade, shall draw, to make up the quota required, and each person drawn shall fill such grade in the militia drafted, as he was entitled to when drawn, in his own company.

S 43. One of the commissioned officers of the company shall draw 16. for every person subject to the draft, who shall refuse to draw or be absent from the parade, and such draft shall have the like effect, as if the person so refusing or absent, had drawn for himself. VOL. I.

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Substitutes

TITLE 6. S 44. Any person so drafted, may offer a substitute, at or after the

time of rendezvous of the drafted militia ; and such substitute, if he for persons shall be an able bodied man, of the age of twenty-one years, and shall

consent in writing to subject himself to all the duties, fines, forfeitures, and punishments, to which his principal would have been subject, had he personally served, shall be accepted by the commandant of the com

pany of drafted militia, to which his principal may belong. Duty of com- S 45. The commander in chief shall prescribe such rules, orders,

and regulations, relative to the distribution of arms, ammunition, and military stores, to the militia when called into actual service, as he may deem proper.

mander in chief.

TITLE VI.

OF COURTS OF INQUIRY AND COURTS-MARTIAL.

ART. 1.-Of courts of inquiry and courts-martial for the trial of officers.
ART. 2.-Of regimental and battalion courts-martial.
ART. 3.-General provisions applicable to all courts-martial and courts of inquiry,

ARTICLE FIRST.
Of Courts of Inquiry and Courts-Martial for the Trial of Of-

ficers.
Sec. 1. Commander in chief, and of division or brigade, may institute courts of inquiry; au-

thority and duty. 2. To consist of not less than three nor more than five commissioned officers. 3. Courts-martial for the trial of major-generals, ordered by commander in chief, and

to consist of thirteen officers. 4. Courts for trial of brigadier-general, ordered by commander in chief, and to consist

of nine officers. 5. Courts for the trial of all other commissioned officers, to consist of seven ; by whom

ordered. 6. No officer to be brought to trial, unless a copy of the charges and specifications, &e.

are delivered to him. 7. Officer ordering court may supply vacancies therein. 8. Accused may challenge president of court ; challenge to be determined by officer

ordering it. 9. Judge-advocate to administer oath to members of court. 10. Judge-advocate and members to keep secret sentence of court. 11. Sentence to be according to offence and military usage. 12. Proceedings and sentence to be delivered to officer ordering court, for his approval 13. He shall transmit them with his decision, to adjutant-general.

14. Appeal lies to commander in chief. Courts of in- $ 1. Courts of inquiry may be instituted by the commander in quiry.

chief, or the commanding officer of a division or brigade, in relation to those officers for whose trial they are authorised to appoint courtsmartial, for the purpose of investigating the conduct of any officer, either by his own solicitation, or on a complaint or charge of improper conduct, degrading to the character of an officer; or for the purpose of settling rank.

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S 2. Such courts shall consist of not less than three, nor more than ART. 1. five, commissioned officers, and the president shall, without delay, report a statement of facts to the officer instituting such court, who may, in his discretion, thereupon appoint a court-martial for the trial of the officer whose conduct shall have been inquired into.

S 3. Every court-martial for the trial of a major-general, shall be Court-marordered by the commander in chief, and shall consist of thirteen offi- jor-general. cers, any nine of whom shall constitute a quorum.

$ 4. Every court-martial for the trial of a brigadier-general, shall bb: to try be ordered by the commander in chief, and shall consist of nine offi- general. cers, any seven of whom shall constitute a quorum. $ 5. All other courts-martial for the trial of commissioned officers, Court-mar

W, tial to try shall consist of seven officers, any five of whom shall constitute a other offîcors. quorum; and shall be ordered, if for the trial of officers above the rank of captain, by the commanding officer of division, and for all other officers, by the commanding officer of brigade.

S 6. No officer arrested shall be brought to trial, unless a copy of Copy of the charges and specifications, certified by the officer ordering the ar-o rest, shall be delivered to him, or left at his usual place of abode, within three days after his arrest; nor unless the officer ordering such court-martial, shall have ordered the same within thirty days after receiving notice of the arrest and a copy of the charges and specifications; nor until ten days after a copy of a list of the names of the officers detailed to form the court, shall have been delivered to the officer arrested, or left at his usual place of abode.

$ 7. The officer ordering the court, may at any time supply any Vacancy. vacancy, that from any cause, may happen therein.

$ 8. If the officer accused shall have any cause of challenge to Challenges. the president of such court, he shall within a reasonable time after receiving a copy of the charges, and a list of the members, deliver his cause of challenge in writing, to the officer ordering such court, who shall thereupon determine as to the validity of such challenge ; and if in his opinion the causes are sufficient, he shall appoint another president of such court.

$ 9. After the court shall be assembled, and after all challenges, Oath. if any are made, shall have been determined, the judge-advocate, whether commissioned or special, shall administer to each member the following oath : “You

do swear that you will faithfully discharge the duties of a member of a court-martial now assembled, according to the best of your ability.”

S 10. Every judge-advocate, whether commissioned or special, and Socrecy en every member of a court-martial, shall keep secret the sentence of the

joinod.

Sentence

Transınitted to adjutantgeneral.

TITLE 6. court, until the same shall be approved or disapproved, according to

law; and shall keep secret the vote or opinion of any particular member of the court, unless required to give evidence thereof by a court of justice.

S 11. The sentence of any such court-martial shall be according to the nature and degree of the offence, and according to military usage; but shall not extend farther than cashiering the officer convicted, and disqualifying him from holding any office in the militia of this state,

and imposing a fine not exceeding one hundred dollars. Approved of. $ 12. The proceedings and sentence of every such court-martial,

shall without delay, be delivered to the officer ordering the court, who shall approve or disapprove thereof, within fifteen days thereafter, and shall give notice of his approval or disapproval to the president of such court-martial, and to the arresting officer; and he may, at his discretion, publish the sentence, as approved or disapproved, in orders.

S 13. He shall also transmit such proceedings and sentence, and his approval or disapproval thereof, to the adjutant-general, to be kept

in his office. Appeal.

$ 14. The right of appeal to the commander in chief as it now exists by military usage, is reserved; but no appeal shall be received, unless made within twenty days after the decision appealed from, is made known to the person appealing.

ARTICLE SECOND.
Of Regimental and Baltalion Courts-Martial.
Sec. 15. Commandants of regiments and separate battalions to appoint courts-martial to com

sist of three members.
16. They shall fix day on which court shall convene.
17. They are to fill vacancies in court.
18. President and members to take oath.
19. Justice to administer it to president, and he to members.
20. President to designate person to summon delinquents before court.
21. Person designated, to make return.
22. Court to have trial of all delinquents in regiment or battalion
23. No fines imposed on a commissioned officer, is to prevent him from being cashier

ed by brigade court-martial. 24. Court may remit penalty for deficiency in equipments. 25. Sentence of court imposing fine for delinquency, may be appealed from, to officer

ordering it. .

$ 15. The commandant of each regiment and separate battalion organized. shall on or before the first Monday in June, in every year, appoint a

regimental or battalion court-martial, to consist of three members; one of whom, if practicable, shall be a field officer or captain, and shall be appointed president thereof.

$ 16. The officer appointing the court shall fix the day on which it shall convene, and when convened, the court may adjourn from time to time as shall become necessary for the transaction of business, but

How ap. pointed and

the whole session of the court, from the day on which it shall con- ART. 2. vene until its dissolution, shall not exceed three weeks.

$ 17. In case any vacancy shall happen in the court, or a new Vacancy. court shall be required, the officer ordering the court, or his successor in command, may fill such vacancy, or order a new court.

$ 18. The president and each member of such court, before he Oath. shall enter on his duties as such, shall take the following oath : “I

do swear that I will well and truly try and determine, according to evidence, all matters between the people of the state of New-York and any person or persons, which shall come before a regimental (or battalion) court-martial of which I have been appointed president, (or a member.”)

$ 19. Such oath shall be taken by the president, on or before the it. day on which the court shall convene, before a justice of the county in which he may reside, or a field officer of his regiment or battalion; and it shall be the duty of such justice or field officer, to administer the oath without fee or reward. The president shall administer the oath to each of the members.

$ 20. The president of the court shall direct a non-commissioned Delinquenta officer, or other fit person or persons to be by him designated, to summon all delinquents and parties accused, to appear before the court at a time and place to be by him appointed.

$ 21. Such non-commissioned officer, or other person or persons Return of so designated, shall make the like return and with the like effect, as commissioned and non-commissioned officers are authorised and required to make, in cases of warning to a company or regimental parade, and shall be subject to the like penalties for neglect of duty.

$ 22. The court, when organized, shall have the trial of all de- Power of linquents and deficiencies in the regiment or battalion for which it shall have been called ; and shall have power to impose and direct to be levied, all the fines to which commissioned officers of companies, and non-commissioned officers, musicians or privates, are declared to be subject in the first Article of the seventh Title of this Chapter.

summoned.

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court.

S 23. No fine imposed by a regimental or battalion court-martial, Effect of fine on a commissioned officer, shall prevent such officer from being tried and cashiered for neglect of duty, by a court-martial ordered by the commandant of his brigade.

$ 24. Every such court-martial may mitigate, or wholly remit any Remission of penalty or fine directed to be imposed, for any deficiency in arms or equipments, of any delinquent in any company of infantry, whom the court shall adjudge to be so poor, as not to be able to furnish himself with such arms or equipments,

fine.

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