including necessary improvements and proper provisions for rifle practice, to be selected and leased or purchased by the adjutant-general, inspector-general and chief of ordinance,* subject to the approval of the commander-in-chief, and rented and paid for by the state. The comptroller is hereby authorized and empowered to draw his warrant upon the state treasurer, on the certificate of the adjutantgeneral, approved by the commander-in-chief, for such sums as shall be required in purchasing or renting, and in laying out and preparing the grounds designated for such purpose, and in furnishing quarters for troops ordered into camp, also for all necessary disbursements and for the pay, transportation and subsistence of said troops, including the necessary expenses of music: such disbursements to be audited by the adjutant-general and approved by the commander-in-chief. Where lands shall be required for the purpose of a state camping ground or for rifle practice or other military purpose in connection with any state armory or arsenal, which is deemed necessary by the adjutant-general, and an agreement with the owner or owners of any grounds or real estate so required cannot be made; it shall be the duty of the attorney-general on the written application of the adjutant-general to institute and carry on proceedings to acquire title thereto, in the name of the people of the state of New York against such owner or owners and such proceedings shall be according to and in pursuance of the provisions of chapter one hundred and forty of the laws of eighteen hundred and fifty, entititled "An act to authorize the formation of railroad corporations and to regulate the same," and the several acts amendatory thereof, and the cost of all grounds or real estate so taken shall be paid for by the state. Upon the certificate of the adjutant-general the treasurer upon warrant of the comptroller is hereby authorized and empowered to pay the costs and damages and expenses incurred by and awarded in such proceedings and which costs, damages and expenses shall be paid out of the unexpended balances remaining to the credit of the general military fund remaining in his hands. [Thus amended by L. 1886, ch. 412.]

Governor may order troops into U. S. forts for instruction; to parade for escort duty, etc. § 71. The commander-in-chief is hereby authorized and empowered, in his discretion to order such organizations as he shall deem proper and without regard to arm of the service, not, however, exceeding one thousand men in any one year, to be stationed at such forts or other places as may be furnished by the United States government, or as may be convenient for that purpose, within the state of New York, for a period not exceeding five days in any one year, for instruction in the management of artillery for sea and lake coast defense, under such instructors as he shall assign for that purpose. And he may also in his discretion, order such organizations as he shall deem proper to parade for purposes of drill, review or escort duty, prescribing all regulations and requirements therefor. [Thus amended by L. 1886, ch. 412.]

Troops, how warned out for parades, camp duty, etc. § 72. For the purpose of warning the non-commissioned officers, musicians and privates for any parade, encampment or place of rendezvous, the commandant of each troop, battery, company or signal corps shall issue his orders, under his hand, to his non-commissioned officers, or to such of them as he may deem proper, requiring them respectively to warn all the non-commissioned officers, musicians and privates of his troop, battery, company or signal corps, to appear at such parade, encampment or place of rendezvous uniformed, armed and equipped according to law and regulation. Each non-commissioned officer to whom such order shall be directed shall warn every person, whom he shall be therein required to warn, by reading the orders, or stating the substance thereof, in the hearing of such person, or by leaving a notice thereof at his usual place of abode or business as appears by the roster, with some person of suitable age and discretion, or with the approval of his commanding officer, by sending the same to him by mail, directed to him at his residence or the post-office nearest thereto. [Thus amended by L. 1886, ch. 412.] 10 Abb. N. C., 177.

So in the original.

Return of service of notice; return of delinquent enlisted men. § 73. Such non-commissioned officer shall make a return to the commandant of his troop, battery or company, in which he shall 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 said commandant, and such commandant shall deliver the return, together with his own return of all delinquencies, to his next superior in command. The return of such non-commissioned officer, so sworn to and certified, shall be as good evidence, on the trial of any person returned as a delinquent, of the facts therein stated, as if such officer had testified to the same before the court-martial on such trial. Every commandant of a troop, battery or company shall make the like return, on honor, and with like effect, of every delinquency and neglect of duty of his non-commissioned officers, and also the names of every non-commissioned officer, musician or private who shall refuse or neglect to perform such military duty or exercise as may be required.

How officers and non-commissioned staff officers warned. § 74. The officers and noncommissioned staff officers of each regiment or battalion shall be warned to attend any parade or drill in the same manner as is prescribed by law for the warning of the privates of any company, and the commanding officer of each regiment or battalion may designate and order any or all of the non-commissioned staff officers of the regiment or battalion to perform that duty, who shall make return thereof to the commanding officer, or the adjutant of the regiment or battalion in the same manner, and under the same penalties for delinquencies, as are by law imposed on non-commissioned officers for companies for similar delinquencies.

Military parades, etc., by unauthorized bodies prohibited; what bodies authorized or unauthorized. § 75. It shall not be lawful, but it shall be a misdemeanor, for any body of men whatsoever, other than the regular organized corps of the national guard and militia and the troops of the United States, except such independent military organizations as are now in existence, to associate themselves together as a military company or organization, or to parade in public with fire-arms in any city or town of this state; nor shall it be lawful for any city or town to raise or appropriate any money toward arming, equipping, uniforming, or in any other way supporting, sustaining, or providing drill-rooms or armories for any such body of men; provided, that associations wholly composed of soldiers honorably discharged from the service of the United States may parade in public with fire-arms on Decoration day or upon the reception of any regiments or companies of soldiers returning from said service, and for the purpose of escort duty at the burial of deceased soldiers; and provided, further, that students in educational institutions where military science is a prescribed part of the course of instruction may, with the consent of the governor, drill and parade with fire-arms in public, under the superintendence of their teachers; and provided, further, that this section shall not be construed to prevent any organization authorized to do so by law from parading with fire-arms. All independent military organizations now existing not regularly organized as organizations of the national guard are hereby made subject to the orders of the commander-in-chief in case of emergency or necessity, to aid the national guard in quelling invasion, insurrection, riot or breach of the peace, provided the officers and members of such organizations shall, when so called upon, first sign and execute and deliver through the commandant to the national guard commander to which said organization is ordered to report a form of enlistment in form to be prescribed by the commander-in-chief in regulations or orders for a term not less than thirty days nor more than ninety day at one time; and in case the services of such organizations shall not be required for the full term of their enlistment, they shall be discharged by order of the commander-in-chief. All members of such independent organizations, when called into the service of the state as herein provided for, shall then be armed, equipped and paid by the state and shall be protected in the discharge of their duties, as though a part of the national guard of the state, and in obeying the orders of the commander-in-chief.

Penalties for violation of preceding section. § 76. Whoever offends against any of the provisions of the preceding section, or belongs to, or parades with, any such unauthorized body of men with fire-arms, or fails to respond or do duty when called upon by the commander-in-chief in case of necessity or emergency and after enlisting, or refusing to enlist, as provided in the preceding section, shall be punished by a fine not exceeding the sum of ten dollars, or by imprisonment in the county jail for a term not exceeding six months, or both.

ARTICLE XI.

INVASION, INSURRECTION AND BREACHES OF THE PEACE.

Power of commander-in-chief in case of invasion, etc., to order into service. § 77. The commander-in-chief shall have power, in case of insurrection, invasion or breaches of the peace, or imminent danger thereof, to order into the active service of the state any or all of the troops, batteries, companies, battalions, regiments, brigades or divisions of the national guard, or of other militia or military organizations of the state, that he may deem proper, and all members thereof who shall be ordered out by proper authority for any such duty shall not be liable to civil prosecution for any act or acts done by them in the discharge of their military duty on such occasions, and in such case the forces so called into service shall receive the same pay as is provided in section ninety-two of this act.

National guard, how ordered out in case of insurrection, etc. § 78. In ease of insurrection or invasion, or imminent danger thereof, within the limits of any command, it shall be the duty of the senior commanding officer of such command to order out, for the defense of the state, the national guard, or any part thereof, under his command, and immediately report what he has done, and the circumstances of the case, to the commander-in-chief. [Thus amended by L. 1886, ch. 412.]

Sheriffs or mayors may call on commanders in case of breach of peace, etc.; how men warned. § 79. In case of any breach of the peace, tumult, riot, or resistance to process of this state, or imminent danger thereof, it shall be lawful for any sheriff of any county, or the mayor of any city, to call for aid upon the commandant of the national guard stationed therein or adjacent thereto; and it shall be the duty of such commanding officer upon whom the call is made to order out, in aid of the civil authorities, the military force or any part thereof, under his command, and he shall immediately report what he has done and all the circumstances of the case to the commander-in-chief, and in such case it shall not be necessary for commanders of troops, batteries or companies to issue written orders or notices for calling out their men, but verbal orders and notices shall be sufficient.

Volunteers or drafted men, when enrolled militia called out. § 80. Whenever it shall be necessary to call out any portion of the enrolled militia other than the national guard, for active duty, the commander-in-chief shall direct his order to the mayor of any city or to the supervisor of any town, who, upon receipt of the same, shall forthwith, and shall then and there proceed to draft as many of the enrolled militia in their city or town, or accept as many volunteers as are required by the commander-in-chief, and shall forthwith forward to the commander-in-chief a list of the persons so drafted or accepted as volunteers.

Punishment for failure to appear. § 81. Every member of the enrolled militia ordered out, or who volunteers or is drafted, under the provisions of this act, who does not appear at the time and place designated by the mayor or supervisor, or who has not some able-bodied and proper substitute at such time and place, within twentyfour hours from such time, or who does not produce a sworn certificate, from a physician in good standing, of physical disability to so appear, shall be taken to be a deserter, and dealt with as prescribed in the articles of war of the United States.

Militia ordered out to be mustered and organized; officers to be appointed. § 82. The portion of the enrolled militia so accepted shall be immediately mustered into the

service of the state for one year, or such less period as the commander-in-chief may direct, and shall be organized into troops, batteries or companies, which may be arranged in battalions or regiments, or assigned to organizations in the national guard already existing. The commander-in-chief is authorized and empowered to appoint the brigade, regimental, battalion, troop, battery and company officers in the first instance, necessary to commence or complete any organization thus created. Such new organization shall be equipped, disciplined and governed according to the laws for the government of the national guard.

ARTICLE XII.

RIFLE PRACTICE.

Powers and duties of general inspector of rifle practice. § 83. The general inspector of rifle practice shall have charge of the rifle practice of the national guard throughout the state, and shall, under the direction of the commander-in-chief, prescribe the manner in which it shall be performed. He shall report to general headquarters annually the degree of proficiency in marksmanship of the various organizations of the national guard, and from time to time make such recommendations relating to his department as he may deem proper. He shall also examine personally or by his assistants, at least once in each year, all ranges which have received aid from the state and make reports upon the same with such recommendations as he may deem proper to the commander-in-chief.

Id., of subordinate inspectors of rifle practice. § 84. The division, brigade, regimental and battalion inspectors of rifle practice shall have charge of all matters appertaining to rifle practice in the several organizations of their respective divisions, brigades, regiments or battalions under the direction of the commandants thereof respectively, and they shall see that all armories, ranges and grounds used for rifle practice, and the property issued by the state for such practice within the limits of their respective divisions, brigades, regiments or battalions are properly used and cared for, and they shall perform such duties as may from time to time be prescribed by the general inspector of rifle practice. Issues of rifles and such other articles as may be required by the several inspectors of rifle practice to enable them to perform their duties, may be made by the chief of ordnance on the approval of the general inspector of rifle practice, and in the same manner as other ordnance stores are issued.

Who are directors of rifle association; inspectors to inspect rifle range; report thereupon; discontinuance of range or gallery. § 85. The general inspector of rifle practice and the division and brigade commanders and inspectors of rifle practice of commands in the district in which the rifle range of any incorporated rifle association, except the National Rifle Association is situated, shall be ex-officio directors thereof. Inspectors of rifle practice are authorized to inspect rifle ranges of all incorporated rifle associations within their respective districts, at any time, and in case of associations or organizations which have received targets or other articles and aid from the state, to require a report from their proper officers of their financial condition, and of the condition of the state property in their possession, and also to examine their books and vouchers. If, at the conclusion of any such inspection, it shall be found that any of the property issued by the state to any rifle association or range is missing, injured, unfit for use or deficient, it shall be reported through the general inspector of rifle practice to general head-quarters. In case any range or armory rifle gallery, shall, in the opinion of the general inspector of rifle practice or the division inspector of rifle practice of the district in which the same is located, be dangerous, they are respectively authorized to prevent its being further used until rendered safe.

Issue of property to rifle ranges; upon what terms and conditions. § 86. On the approval of the commander-in-chief, the chief of ordnance may issue to rifle ranges, targets and other appurtenances and military equipments for the practice of the

national guard thereon, in the same manner as other ordnance stores are issued by him, and under the direction of the commander-in-chief, and with his approval, expenditures may be made from the appropriations for military purposes, for services and expenses in maintaining rifle ranges and promoting rifle practice in the national guard. Before any targets or other appurtenances or military equipments are issued to any rifle association or any aid given to it by the state, it shall file with the adjutant-general and the general inspector of rifle practice a certified copy of its articles of association and by-laws and other regulations, which must have the approval of the general inspector of rifle practice, to whom must be furnished annually a list of its officers. Such bonds as may be required by the commander-in-chief shall be given to secure the care and custody of any targets or other property issued to any rifle range or association by the state.

Range of National Rifle Association, use of by certain troops; use of other ranges. § 87. The senior commandants of the troops of the national guard in the city of New York and the city of Brooklyn respectively are authorized to direct and require the use of the range of the National Rifle Association by any of the organizations in their commands for target practice, field drill or any military purpose, whenever, and for such time as they shall deem proper and necessary. And the senior commanding officer in any district in which any other rifle range which has received aid from the state is located shall have like authority to direct and require the use thereof by any of the organizations in his command, provided that not less than one-quarter of the targets of such rifle range, when held by an association, and of the National Rifle Association, shall at all times be reserved for the members thereof. [Thus amended by L. 1886, ch. 412.]

Powers of officers of associations to preserve order; penalty for trespass, etc. § 88. For the purpose of preserving the property of the state, issued to the several rifle associations and ranges which receive aid therefrom, and of preventing accidents, and for maintaining order upon such rifle ranges, the officers and employees of the National Rifle Association and other rifle associations having a rifle range, are hereby vested with the powers of constables when in the discharge of their duties, and wearing such badge of office as shall be prescribed by said associations respectively; and all persons trespassing upon such rifle ranges or injuring any of the targets or other property situate thereon or wilfully violating thereon any of the regulations established to maintain order, preserve property and prevent accidents, shall be guilty of a misdemeanor.

"State division prize" and "state prize" to be offered for competition. § 89. The commander-in-chief is authorized to annually offer in each division on behalf of the state a prize not exceeding one hundred dollars in value, to be known as the "state division prize," for competition among the several regiments, battalions and separate companies in each division; and a similar prize not exceeding five hundred dollars in value, to be known as the "state prize," for competition among all the regiments, battalions and separate companies throughout the state, and also a prize not to exceed fifty dollars in value, for the company in each division having the highest general figure of merit; such prizes to be competed for under regulations which shall be prescribed by the general inspector of rifle practice. And it shall be the duty of the general inspector of rifle practice or his assistant to attend the annual competition for the state prize, and see that the same is conducted with fairness and according to the prescribed regulations. [Thus amended by L. 1884, ch. 323.]

When rifle ranges not to be sold, etc. § 90. The range of the National Rifle Association at Creedmoor and any grounds acquired by that or any other rifle association for rifle practice, and toward the purchase of which the state has contributed, shall not be sold, mortgaged, or otherwise alienated, without the written consent of at least two-thirds of the board of directors of such association, including a majority of the ex-officio members of said board, and without also the written consent of the adjutant-general of the state.