other; provided, however, that uniforms and equipments may be fur- | nished to new organisations in the first instance by the state. But the provisions of sections 113 and 114, relating to equipments, do not apply to the enlisted men of the cavalry and artillery, except in so far as their personal equipments are cerned. No arms or equipments are furnished to any company or corps unless it is connected with the regular military organisation of the

state.

con

The commanding officer of each regiment, battalion, troop, battery, or company, is responsible for the safekeeping and return of all arms and equipments committed to his charge, and executes such bonds as the commander-in-chief shall require from time to time; and no arms and equipments are furnished until bonds for the safe - keeping and return of the same are made out and approved by the commander-in-chief, nor until a suitable armoury or place of deposit for the same is assigned, rented, or erected. The command- | ing officer distributes the arms and equipments to his command as he deems proper. Whenever the commissioned officers of the National Guard make application to the commanding officer of their regiment or battalion for any suitable arms or equipments, and at the same time furnish him with sufficient bonds for the safe-keeping and return of the same, he may deliver to such officers such arms or equipments belonging to the state as he deems proper; but no such arms or equipments shall be delivered unless the bonds given for the safe-keeping and return thereof are approved by the sureties who became responsible in the bonds furnished to the commander-in-chief for all such arms and equipments.

When an organised troop, battery, or company has reached the minimum strength (46 non-commissioned

officers, musicians, and privates) who regularly attend the drills and parades, the supervisors of the county in which such troop, battery, or company is located shall, upon the demand of the captain or commandant of such troop, battery, or company. countersigned by the commandant of the brigade or division to which it is attached, erect or rent within the bounds of such county, for the use of such troop, battery, or company, a suitable and convenient armoury, drillroom, and place of deposit for the safekeeping of the arms, uniforms, equipments, accoutrements, and camp equipage furnished under the provisions of this Act. Whenever the division commander and the inspector - general shall deem expedient that a regimental or battalion armoury be provided to be used by all the companies of a regiment or battalion, the supervisors of the county in which such regiment or battalion is located shall, upon the demand of the commandant of such regiment or battalion, erect or rent within such county suitable and convenient premises, approved by the division commander and the inspector general, for a regimental or battalion armoury, to be used by all the companies of such regiment or battalion, except in places where such accommodation is provided in a state arsenal. In the city and county of New York, on the proper demands, countersigns, and certificates, the board of aldermen of the city of New York, by a resolution duly passed by a majority of all the members elected to said board and approved by the mayor, may authorise the purchasing and leasing of lands, and the leasing or erection of buildings for armouries and drill - rooms for the use and occupation for military purposes of the National Guard in the city and county of New York. All leases so authorised must be ap

proved as to their form, terms, and manner of execution by the mayor, the president of the board of aldermen, and the comptroller of the city of New York, or a majority of them; and the sums of money reserved for rent therein shall be inserted in the annual tax levy, and raised by taxation, as in the case of moneys appropriated for the erection of such buildings. A resolution, passed and approved as stated, may authorise the purchasing and leasing of lands and the erection of buildings for armouries and drill-rooms upon lands belonging to the city of New York, other than the public squares and parks of said city, and shall designate the lands to be used for such purpose, and specify the sum appropriated therefor, which sum shall be inserted in the annual tax levy by the board of estimate and apportionment, and raised by taxation upon the estates liable to taxation in said city. The sum appropriated for the purchasing and leasing of lands and the erection of buildings may be inserted in one annual tax levy or distributed among several, as the board of estimate and apportionment may deem proper. Whenever such a resolution authorising the purchasing, &c., has been passed and approved, the department of public works is authorised and required to proceed with the work of erecting such building on the lands designated. As soon as may be after the passage of said resolution, the mayor, the president of the board of aldermen, and the commissioner of public works of said city, or a majority of them, meet at the office of the mayor on the call of the latter, and select and employ as soon as possible a competent architect to draw plans and specifications for such building, and to superintend its construction and erection; and thereafter when made, or from time to time, such

plans and specifications in duplicate are submitted to be passed upon and approved in writing by the mayor, the president of the board of aldermen, the commissioner of public works, and the commandant of the first division of the National Guard, or a majority of them; and thereupon one of such duplicates is filed for record with the department of public works. As soon as such plans and specifications have been accepted and approved, the department of public works proceeds forthwith to make and let the contracts for the work and materials required, in the same manner and with like effect as contracts for work and supplies are by law made and let by the several departments of the city government. All proper expenses, charges, and bills for the erection of such building are, upon the proper certification of the superintending architect and the commissioner of public works, paid by the comptroller of the city of New York out of the appropriation made as described for said purposes. The expense of erecting or renting such armouries, and for providing the necessary camp - stools, apparatus, and fixtures for heating and lighting, and the fuel and gas or oil for the same, and water-closets in such building; and for properly preserving from injury the arms, equipments, uniforms, and records stored therein, by the construction of suitable lockers, closets, gun-racks, and cases for uniforms, equipments, arms, and records; and for the maintenance thereof in good and safe repair, are a portion of the county charges of such county, and are levied, collected, and paid in the same manner as other county charges. But no money is appropriated or expense incurred for furnishing or decorating any building so erected or rented; and no money is appropriated or expense incurred, to be

paid out of moneys thus levied and collected, except for the erecting or renting of such armouries, unless the necessity of such expenditure has been examined into by the auditing boards of the commands, and certified to as necessary by the respective presidents thereof, who shall report to the adjutant-general annually in December, on or before the 15th day thereof, a recapitulation of the expenses thus incurred. In case an armoury is not erected or rented by the supervisors within three months after the proper application has been made therefor, and there has been a meeting of the board of supervisors, or in case an armoury so erected or rented by the supervisors shall, upon inspection by the inspector-general, be certified by him to be unfit or inadequate for use as an armoury, the commandant of the regiment or battalion, or, in the case of a separate troop, &c., the commandant of the brigade or division to which such battery, &c., is attached, in his discretion, with the approval of the inspector-general, may rent a room or building to be used as an armoury; and the amount of annual rent thereof, provided the same does not exceed $500 for each company, &c., in the several cities of this state, and $250 for each troop, &c., not located in cities, is a county charge, and shall be levied, collected, and paid by such supervisors in the same manner as other county charges are levied, collected, and paid.

The military forces of the state, when in the actual service of the state in time of war, insurrection, invasion, or imminent danger thereof, are, during their time of service, entitled to the same pay, rations, and allowances for clothing as are established by law for the Army of the United States; provided, how

ever,

that the commander-in-chief may, in his discretion, change the

pay of such officers, non-commissioned officers, musicians, and privates, as are ordered into actual service, or to attend encampments, and sea and lake coast defence duty, in pursuance of the provisions of said Act, not to exceed the following sum each, for every day actually on duty :1. To all musicians and privates, $1.

:

2. To all non-commissioned officers, $1.50.

3. To all commissioned officers of the line below the rank of captain, $2.

4. To all commanding officers of companies, $3.

5. To all field-officers below the rank of colonel, $4.

6. To all commanding officers of regiments or battalions, $5. 7. To all regimental and battalion staff-officers, $2.50; and to all non-commissioned staffofficers, $1.50.

8. To all brigade-generals, $6. 9. To all brigade staff-officers, $4. 10. To all major-generals, $8. 11. To all division staff-officers, $5. 12. All mounted officers and all members of any troop of cavalry or battery of artillery, mounted and equipped, are paid $2 per day for each

horse actually used by them. All officers, non-commissioned officers, musicians, and privates of the National Guard, while on duty or assembled therefor, pursuant to the order of the sheriff of any county or the mayor of any city, in cases of riot, tumult, breach of the peace, resistance to process, or whenever called upon in aid of the civil authorities, receive the compensation last stated; and this compensation and the necessary expenses incurred in subsisting, quartering, and transporting the troops are audited, allowed, and paid by the supervisors of the county where such service is ren

designate. In case of insurrection, &c., within the limits of any division, it is the duty of the commandant of such division to order out, for the defence of the state, the National Guard, or any part thereof, under his command, and immediately report what he has done, and the circumstances attending the same, to the commander-inchief through the adjutant-general. Every person who, while in the actual service of the state, is wounded or disabled in opposing or suppressing any insurrection or invasion, is taken care of and provided for at the expense of the state.

In case of any breach of the peace, tumult, riot, or resistance to process of this state, or imminent danger thereof, it is lawful for the sheriff of any county, or the mayor of any city, to call for aid upon the commandant of any division, brigade, regiment, battalion, troop, battery, or company; and it is the duty of the commanding officer of the division, &c., upon whom such 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 attending the same, to the commanderin-chief through his intermediate commanders; and in such case it is not necessary for commandants of troops, batteries, or companies to issue written orders or notices for calling out their men, but verbal orders and notices are sufficient. The men so ordered out are provided with a sufficiency of proper ammunition and arms in complete order for actual service. Such commanding officer is subject, as provided by law, to the sheriff or public officer who so requires his aid; and for refusing or neglecting to obey the order of such

any way hindering or preventing the men of his command from performing such duty, or in any manner, by neglect or delay, preventing the due execution of law, every such commanding officer, and every commissioned officer under his command, so offending, is liable to a fine of not less than $100, nor more than $500, and imprisonment in the county jail for a period not exceeding six months. It is the duty of the district attorney of any county wherein the offence described is committed to prosecute the same; and in addition thereto, such commanding or other commissioned officer is liable to be tried by court-martial and sentenced to be cashiered and incapacitated for holding any military commission in this state for ever after. Any non-commissioned officer, musician, or private who neglects or refuses to obey the orders of his commanding officer in the cases of insurrection, or invasion, riot, tumult, breach of the peace, and resistance to process, is liable to a fine of not less than $25 nor more than $100, and imprisonment in the county jail for a period not to exceed three months, to be prosecuted and recovered in the manner provided in the case of commissioned officers. All officers, non-commissioned officers, | musicians, and privates, in cases of riot, &c., when called upon in aid of the civil authorities, receive the said special compensation, and are subsisted, quartered, and transported; and every person who is wounded or disabled in such service is taken care of and provided for at the expense of the county where such service is rendered, and all the expense attending such use of the troops is a county charge, to be levied and collected as other county charges are levied and collected.

Whenever the President of the United States or the commander-in