L. 1916, ch. 565. Naval militia; organization. § 53. for divisions actually assigned to turrets on a ship assigned to that organization). (b) Each deck division may enroll as a part of the fifteen petty officers mentioned in paragraph (a) the following petty officers: Not more than one master-at-arms. Two quartermasters. Two yeomen. One carpenter's mate, first, second or third class. One sailmaker's mate. One shipfitter, first or second class. One plumber and fitter. (e) The other enlisted men of the seamen branch and artificer branch (deck force) shall consist of the following ratings: Thirty-three seamen, ordinary seamen, apprentice seamen or landsmen (for special positions), rated according to efficiency. (d) In addition, the following enlisted men, who are not petty officers, may be enrolled in each division: One bugler. One ship's cook, third or fourth class. One hospital apprentice. One shipwright. (e) A deck division consisting of more than sixty enlisted men may have = One additional ensign. One additional petty officer of the seaman branch only, of the first, second or third class, for each additional five enlisted men. (2) An engineer division shall consist of forty-eight enlisted men, and may have three officers, as follows: One lieutenant (engineering duties only). One lieutenant, junior grade (engineering duties only). One ensign (engineering duties only). The enlisted strength may be divided as follows: Three chief machinist's mates. Three machinist's mates, first or second class. One chief water tender. Three water tenders. Three oilers. One blacksmith or water tender. One boilermaker or water tender. One coppersmith or water tender. One chief electrician. Three electricians, first, second or third class. § 53. Naval militia; organization. One ship's cook, third or fourth class. L. 1916, ch. 565. (a) The other enlisted men of the artificer branch (engineer force) shall consist of the following ratings: Twenty-five firemen, first class and second class, coal passers or landsmen (for special positions), rated according to efficiency. (b) An engineer division consisting of more than sixty enlisted men may have: One additional ensign (engineering duties only). One additional petty officer of the artificer branch (engineer force) of the first, second or third class for each additional five enlisted men. (c) In a locality where there are insufficient men available to form an engineer division, and there already exists an organized deck division, chief petty officers, petty officers, and other enlisted men of the artificer branch (engineer force) may be additionally enrolled in such deck division, with such ratings as they may be qualified to fill, until such time as there is a sufficient number of them to form a separate engineer division, when such division shall be formed. (d) In cases where sixteen or more additional enlisted men of the artificer branch (engineer force) are enrolled in a deck division there will be allowed an additional ensign (engineering duties only). (e) In a locality where there are insufficient men to form an engineer division, an engineer section with one officer and twenty-four enlisted men on its rolls may be organized, but no engineer section shall have less than twenty enlisted men on its rolls. An engineer section will be considered an administrative unit until merged into an engineer division. (f) The following rank and ratings will be allowed the officer and enlisted men of an engineer section: One ensign (engineering duties only). The enlisted strength may be divided as follows: One chief machinist's mate. Three machinist's mates, first class. Three water tenders. Three oilers. One boilermaker. One coppersmith. (g) The other enlisted men of the artificer branch (engineer force) shall consist of the following ratings: Twelve firemen, first class and second class, coal passers or landsmen (for special positions), rated according to efficiency. (3) An aeronautic division shall consist of two aeronautic sections and shall be commanded by an officer of not higher rank than lieutenant commander (aeronautic duties only). (a) An aeronautic section shall consist of twenty-three enlisted men, and may have five officers, as follows: L. 1916, ch. 565. Naval militia; organization. One lieutenant (aeronautic duties only). Two lieutenants, junior grade (aeronautic duties only). The enlisted strength may be divided as follows: One chief machinist's mate, chief aeronautic machinist. $ 54. One machinist's mate, first class, aeronautic machinist, first class. One hospital apprentice. (b) In a locality where there are insufficient men to form an aeronautic section and there already exists an organized deck or engineer division, an officer and not more than four enlisted men for aeronautic duty only may be additionally enrolled in such divisions until such time as there is a sufficient number of them to form a separate aeronautic section. (e) In cases where four additional enlisted men of the aeronautic branch are enrolled in a deck or engineer division there will be allowed an additional ensign (aeronautic duties only). (d) The following additional chief petty officers, petty officers, and other enlisted men of the seamen branch, artificer branch (engineer force), and special branch will be allowed each aeronautical division: One chief boatswain's mate. One boatswain's mate, first class. One electrician, first class (radio). One seaman (signalman). (4) men, A deck or engineer division consisting of more than eighty enlisted or an aeronautic section of more than six officers and twenty-eight enlisted men may be maintained only by permission of the commanding of ficer, naval militia. (5) The minimum strength of a deck or engineer division or a marine company shall be forty enlisted men; the minimum strength of an aeronautic section shall be one officer and five enlisted men. (Amended by L. 1911, ch. 282, and L. 1916, ch. 565, in effect May 15, 1916.) § 54. Marine companies.-(1) A marine company shall consist of forty eight enlisted men, and may have three officers, as follows: One captain. One first lieutenant. One second lieutenant. The enlisted strength may be divided as follows: One first sergeant. One gunnery sergeant. (a) For each additional eight privates over thirty-five an additional corporal may be appointed, and for each additional sixteen privates over thirty-five an additional sergeant may be appointed. (b) For a marine company of more than sixty enlisted men there will be allowed an additional second lieutenant. (c) In a locality where there are insufficient men available to form a marine company, a marine section with one officer and twenty-four enlisted men on its rolls may be organized, but no marine section shall have less than twenty enlisted men on its rolls. A marine section will be considered an administrative unit until merged into a marine company. (d) The following rank and ratings will be allowed the officer and enlisted men of a marine section: One first lieutenant. One first sergeant. Two sergeants. One trumpeter. Seventeen privates. (e) Whenever a marine company increases in size to twelve squads, it may be divided into two companies. (Amended by L. 1911, ch. 282, and L. 1916, ch. 565, in effect May 15, 1916.) § 55. Disbandments.-When a battalion shall fall below two divisions it shall be disbanded. The remaining division shall become a separate division. When a division shall fall below the minimum strength prescribed by law it may be disbanded. (Amended by L. 1916, ch. 565, in effect May 15, 1916.) § 56. Civilian cooks.-The governor may authorize the employment of cooks by troops on duty under his orders or called out in aid of the civil authority, when such troops do not receive cooked rations, and such cooks shall receive as compensation for their services the pay of petty officers, second-class, while thus employed, paid in the manner that the officers and enlisted men with whom they are serving are paid, provided such duty be not on vessels of the United States navy, other than in the status of outright loan. The number of cooks that may thus be employed shall not exceed two to a division or company. For the headquarters of a brigade and of a battalion the governor may prescribe the number of cooks that may be employed. All civilian cooks shall be subject while thus employed, to the military law, the articles of war and the regulations as if they were regu L. 1916, ch. 565. Naval militia; commissioned officers. §§ 57,58. larly enlisted men of the naval militia. (Amended by L. 1911, ch. 282, and L. 1916, ch. 565, in effect May 15, 1916.) The provision making civilian cooks subject to the Military Law, simply refers to discipline and not to any duty the state assumes toward them. They are not entitled to relief under section 223. Atty. Genl. Opin. (1915), 4 State Dep Rep. 571. § 57. Retirement of commissioned officers.-A commanding officer of the naval militia, holding the office of commodore may, at his own request, be withdrawn from active service and command and placed upon the retired list by the governor, with rank on the retired list of the grade next higher than that held by him in active service, provided he has served not less than twenty-five years in the naval militia, or not less than ten years in the naval militia and fifteen years in the United States navy. Any commissioned officer of the naval militia may be similarly withdrawn and placed upon the retired list with the rank of the grade next higher, provided he served in the regular or volunteer navy of the United States during the war of the rebellion, and has served in the naval militia not less than five years. Any commissioned officer of the naval militia who shall be retired under section eighty-two, upon his own request, shall have rank on the retired list of the grade next higher to that held by him in active service, provided he shall have been an officer in the United States navy in time of war. (Amended by L. 1909, ch. 233, and L. 1916, ch. 565, in effect May 15, 1916.) § 58.—(1) Eligibility required to receive a commission in the naval militia. Commissioned officers in the naval militia must be citizens of the United States and of the age of eighteen years and upwards. No person who has been expelled or dishonorably discharged from any military or naval organization of the state shall be commissioned unless he has reenlisted and served as provided in this chapter. No person shall be commissioned unless he shall possess the additional requirements herein prescribed for the particular office to which he is to be commissioned. (2) A commodore shall have been in the active service of a state as a line officer of the naval militia or in the service of the United States as a line officer of the navy or in all combined for at least ten years. A captain of the naval militia at the time of his appointment shall have performed the same service for at least five years. A commander or lieutenantcommander for at least three years. Staff officers or officers below the grade of commodore except judge advocates, medical officers and chaplains must have served one year immediately preceding their appointment in the naval militia of this state, except that they may be credited with service in the United States navy or revenue marine, or if not in active service at the time of their appointment they must have had at least one year's service in the national guard or naval militia of the state or the army or navy of |