and station all vessels, boats, rafts and other craft in the harbor of Whitehall, within the corporate limits of the village of Whitehall, and from time to time remove such vessels, boats or other craft as may not be employed or detained in discharging or receiving cargoes or loading, to accommodate other vessels, boats or other craft to load or unload; prevent all vessels, boats or other craft from obstructing for an unreasonable time the entrance of boats, rafts or other craft into the Champlain canal at Whitehall, and determine how far and in what instances the masters and others having charge of such vessels, boats, rafts or other craft shall accommodate each other in their respective situations and locations in such harbor. A master or other person, having charge or control of any vessel, boat or raft within such limits, who neglects or refuses to obey the lawful direction of such inspector, or a person who resists or opposes him in the execution of his duties shall, for every such offense, forfeit and pay to the people of the state the sum of twenty-five dollars. § 179. Liability of boat for penalties; detention and sale thereof.--Every penalty and forfeiture prescribed by this article against the owner, master, boatman, navigator or other person having charge of any float, when incurred, shall be chargeable on such float, and an action for the recovery thereof may be brought against any person in the possession or having charge thereof at the time when it is commenced; and any court or judicial officer issuing the process for the commencement of such an action, may, by a clause to be inserted therein, direct the officer executing the same to detain such boat or float and the furniture and horses belonging thereto until such action is determined, or until adequate security is given for the payment of any judgment recovered. If such security be given, or the defendant in the action prevail, such court or officer shall order the boat or other float and property detained to be released. If no such security be given, and a judgment be recovered for such penalty or forfeiture, and not immediately paid, an execution shall be issued under which the property so detained may be sold in like manner as if the judgment had been obtained against the owner thereof. 180. Actions for penalties.-All actions for penalties and forfeitures imposed in this chapter, or for damages, in behalf of the state, shall be prosecuted in the name of the people of this state, by such persons and in such manner as the commissioners of the canal fund, in their regulations, direct. All money recovered in such actions shall be accounted for and paid over to such commissioners. The imposition or recovery of any such penalty or forfeiture shall not be a bar to the recovery of any damages resulting to the state or an individual, because of such violation. § 181. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. § 182. When to take effect.-This chapter shall take effect on October 1, 1894. ARTICLE CHAPTER XVI OF THE GENERAL LAWS. [CHAP. 212 OF 1898.] THE MILITARY CODE. I. The militia of the state (§§ 1-19). II. The national guard of the state (§§ 21-35). III. The naval militia of the state (§§ 41-47). IV. Commissioned officers of the national guard and naval V. Enlisted men of the national guard and naval militia VI. Service of the national guard and naval militia (§§ 81–90). VIII. Arms, uniforms and equipments for the national guard and IX. Armories (§§ 131-143). X. Pay and allowances (§§ 151–166). XI. Privileges, prohibitions and penalties §§ 171–177). ARTICLE I. THE MILITIA OF THE STATE. SECTION 1. Persons subject to militia duty; exemptions. 2. Enrollment. 3. Notice of enrollment; exemption claims. 4. Examination of assessment-rolls and poll-lists. 5. Designation and division of the militia. 6. Commander-in-chief. 7. Staff of the governor. 8. Power of the governor in case of invasion, et cetera. 9. Drafts or volunteers from the militia. 10. Punishment for failure to appear. 11. Organization of reserve militia when ordered out. 12. Proclamation of state of insurrection. 13. When articles of war of the United States to be in force. 14. Relief from civil and criminal liability; security for costs. 15. The adjutant-general and assistants. 16. Bureau of records of the war of the rebellion; completion and 17. Armory commissions. 18. Legal adviser of the commander-in-chief, 1 SECTION 1. Persons subject to militia duty; exemptions.-All able-bodied male citizens between the ages of eighteen and fortyfive years, who are residents of this state, shall constitute the militia, subject to the following exemptions: 1. Persons exempted by the laws of the United States. 2. Persons exempted by the laws of this state. 3. All persons in the army, navy or volunteer forces of the United States, or who have been honorably discharged there. from. 4. The members of any regularly organized fire or police department in any city, village or town, and exempt firemen who have served their full term in any fire company, but no member of the active militia shall be relieved from duty therein because of his joining any such fire company or department. 5. All persons who have served five years in the active militia of this state, and have received a full and honorable discharge. 6. Justices and clerks of courts of record; registers of deeds; sheriffs; ministers of the gospel; practicing physicians; superintendents, officers and assistants of hospitals, prisons and jails; lighthouse keepers; conductors and engineers of railways; seamen actually employed as such. 7. Idiots, lunatics, paupers, vagabonds, habitual drunkards and persons convicted of infamous crimes. All such exempted persons, except those enumerated in subdivision seven, shall be liable to military duty in case of war, insurrection, invasion or imminent danger thereof. § 2. Enrollment.-Whenever the governor shall deem it neces sary, he may order an enrollment to be made by officers designated by him, of all persons liable to service in the militia. Such enrollment shall state the name, residence, age and occupation of the persons enrolled, and their previous or existing military or naval service. Three copies thereof shall be made; one shall be retained by the enrolling officer, one filed in the office of the town or city clerk in which the enrolled persons reside, one in the office of the clerk of the county in which the enrollment is made, and the original in the office of the adjutant-general. If the governor so direct, such enrollment shall show separately all the seafaring men of whatever calling or occupation; all men engaged in the navigation of the rivers, lakes and other waters of the state, or in the construction and management of ships and crafts, together |