131.11 – Delegation by the Governor.
§ 131.11. Delegation by the governor. The governor is authorized to delegate any authority vested in him under this code, and to provide for the subdelegation of any such authority, except with respect to the power vested in him under section 130.22 of this code.
131.12 – Short Title.
§ 131.12. Short title. This article shall be known and may be cited and referred to as the “New York Code of Military Justice”.
131.10 – Presumption of Jurisdiction.
§ 131.10. Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this chapter shall be presumed and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any action or proceeding.
131.1 – Courts of Inquiry.
§ 131.1. Courts of inquiry. (a) Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose whether or not the persons involved have requested such an inquiry. (b) A court of inquiry shall consist of three or more officers. For […]
131.2 – Authority to Administer Oaths.
§ 131.2. Authority to administer oaths. (a) The following officers of the organized militia shall have power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for such purposes before such officers: (1) All judge advocates of the organized militia; (2) All directors, deputy directors and chiefs […]
131.3 – Articles to Be Explained.
§ 131.3. Articles to be explained. Sections 130.2, 130.3, 130.7 through 130.15, 130.25, 130.27, 130.31, 130.37, 130.38, 130.55, 130.73 through 130.115 and 131.3 through 131.5 of this code shall be carefully explained to every enlisted person at the time of his enlistment or transfer or induction into or when ordered to duty in or with […]
131.4 – Complaints of Wrongs.
§ 131.4. Complaints of wrongs. Any member of the organized militia who believes himself wronged by his commanding officer, and, upon due application to such commander, is refused redress, may complain to any superior officer who shall forward the complaint to the adjutant general, who shall examine into said complaint and, if justified shall take […]
131.5 – Redress of Injuries to Property.
§ 131.5. Redress of injuries to property. (a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the organized militia he may, subject to such regulations as may be prescribed pursuant to this […]
131.6 – Marshals.
§ 131.6. Marshals. (a) Summary courts-martial and the military judges or presidents of other courts-martial and of courts of inquiry may each appoint and, at any time, remove one or more marshals. (b) Each marshal shall perform the usual duties of such marshals and shall execute any process, mandate or order issued by such military […]
131.7 – Process of Military Courts.
§ 131.7. Process of military courts. (a) Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in said courts. Such courts shall have power to issue subpoenae and subpoenae duces tecum and to enforce by attachment attendance of witnesses and production of books […]