Section 131.2. Authority to administer oaths  


Latest version.
  • (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  of  administrative
      services and administrative officers;
        (3) All summary courts-martial;
        (4)   All   adjutants,  assistant  adjutants,  acting  adjutants,  and
      personnel adjutants;
        (5) All commanding officers of the New York naval militia;
        (6) All staff  judge  advocates  and  legal  officers  and  acting  or
      assistant staff judge advocates and legal officers; and
        (7)  All  other  persons  designated by regulations issued pursuant to
      this chapter.
        (b) The following officers of the organized militia shall  have  power
      to  administer  oaths  necessary in the performance of their duties, and
      affidavits may be taken for such purposes before such officers:
        (1) The president, military judge, trial counsel, and assistant  trial
      counsel for all general and special courts-martial;
        (2)  The  president  and  the  counsel  for  the court of any court of
      inquiry;
        (3) All officers designated to take a deposition;
        (4) All persons detailed to conduct an investigation; and
        (5) All other persons designated by  regulations  issued  pursuant  to
      this chapter.
        (c)  Officers  on  the state reserve list and state retired list shall
      not be authorized to administer oaths as provided in this section unless
      they are on active duty in or with the organized militia under orders of
      the governor as prescribed in this chapter.
        (d)  As  used  in  this  section  the  term  "officer"  shall  mean  a
      commissioned officer, commissioned warrant officer or warrant officer.
        (e)  The  signature without seal of any such person, together with the
      title of his office, shall be prima facie evidence of his authority.