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light artillery, grenadiers, riflemen, or light infantry, shall leave the troop, or company, to which he belongs, to serve as a fireman, in any fire company now raised, or hereafter to be raised in any city or county; nor shall he leave such troop, or company, and enlist in any other, without the written consent of the commandant of the troop, or company, to which he belongs, unless he shall have removed out of the beat of such troop, or company.

ART. 1.

[296]

enlistments

$ 17. The commandant of every uniform company or troop, Return of shall make a return without delay, of all persons enlisted therein, to the commandants of infantry companies, within whose beats, the persons enlisted respectively reside, and in such return shall specify the date of each enlistment; and the commandants of infantry companies shall strike from their rolls, the name of every person thus certified to have been enlisted, in any regularly organized uniform company or troop. $18. Such return or certificate shall include only such per- . sons as shall, at the time of such return, be uniformed and equipped according to law; and every person who is not named in such return, and who shall not be certified by the commandant of the uniform company or troop as the true and rightful owner of his uniforms and equipments, shall be liable to do duty in an infantry company, notwithstanding he may have enlisted in an uniform company or troop.

Laws of 1835, ch. 304.

dicharge.

$ 19. The commandant of every uniform company or troop, Notice of whenever he shall discharge an able bodied man, shall give notice thereof, in writing, to the commandant of the infantry company, within whose beat the individual discharged shall reside.

$20. The three last preceding sections shall not be construed Limitation. to extend to the city and county of New-York.

$21. No person under the age of twenty-one years, shall Infants. hereafter enlist in or join any uniform troop or company, without the consent, in writing, of his parent or guardian, master or mistress.

$22. The uniform of the infantry, or such portion thereof Uniform. as the commander-in-chief shall deem advisable, shall in his discretion be directed to conform with that which is now or may hereafter be established by the army regulations of the United States; and of all other corps for which provision is not made by the laws of the United States, as the commanderin-chief shall from time to time direct.

Laws of 1835, ch. 304.

$23. The militia of this state, shall, as near as may be, Discipline. conform their system of discipline and exercise, to that of the army of the United States, as is now or shall hereafter be prescribed by the congress of the United States.

Laws of 1835, ch. 304.

$24. The commander-in-chief shall, from time to time, Ib.

TITLE 4 direct such book as to him shall appear expedient, as a guide for the corps of the militia of this state, and shall furnish the same to the commissioned officers of the militia, at the expense of the state.

[297]

Aids.

Ib.

Adjutantgeneral.

Quarter

Laws of 1839, ch. 361.

ARTICLE SECOND.

OF THE ORGANIZATION OF THE STAFF DEPARTMENTS.

SEC. 25. Commander-in-chief entitled to three aids, and military secretary.

26. Major-general entitled to two, and brigadier-general to one aid.

27. Adjutant-general has rank of brigadier-general; officers in his department, and their rank.

28. Officers and their rank in the quartermaster-general's department.

29. Officers and their rank in the paymaster-general's department.

30. Commissary-general to have the rank of brigadier-general; military storekeepers in his department.

31. Officers in the hospital department.

32. Chaplain to each regiment and separate battalion.

33. Officers and their rank in judge-advocate-general's department.

34. Sergeant-majors, &c.

35. Chief of each staff department, to have command over officers of his department.

36. Such chief to prepare and transmit all blank forms of returns.

$25. The commander-in-chief shall be entitled to three aids, with the rank of colonel, and a military secretary, with the rank of major.

$ 26. Each major-general shall be entitled to two aids, with the rank of major; and each brigadier-general to one aid, with the rank of captain.

$27. The adjutant-general shall have the rank of brigadiergeneral; and in his department there shall be to each division a division inspector, with the rank of colonel; to each brigade a brigade inspector, to serve also as a brigade major, with the rank of major; and to each regiment and separate battalion, an adjutant, with the rank of lieutenant.

$28. In the quartermaster-general's department, there shall master-gen- be a quartermaster-general, with the rank of brigadier-general; to each division, a division quartermaster, with the rank of lieutenant-colonel; to each brigade, a brigade quartermaster, with the rank of captain; and to each regiment and separate battalion, a quartermaster, with the rank of lieutenant.

Pay-master general.

Commissa

$29. In the paymaster-general's department, there shall be a paymaster-general, with the rank of colonel; to each division, a division paymaster, with the rank of major; to each brigade, a brigade paymaster, with the rank of captain; and to each regiment and separate battalion, a paymaster, with the rank of lieutenant.

$ 30. The commissary-general shall have the rank of brigary-general. dier-general: and in his department there shall be so many military store-keepers for the safe keeping and the preserving of the state arsenals, magazines, fortifications, and military stores belonging to this state, as he may find it necessary to

appoint, not exceeding one to each arsenal, and one for the fortifications at Fort Richmond, on Staten Island.

ART. 3.

[298]

Hospital

S31. In the hospital department, there shall be a surgeongeneral, with the rank of colonel; to each division, a hospital department. surgeon, with the rank of lieutenant colonel; to each brigade, a hospital surgeon, with the rank of major; to each regiment, a surgeon, with the rank of captain; and to each regiment and separate battalion, a surgeon's mate, with the rank of lieutenant; but such rank shall not entitle said officers to promotions in the line, nor regulate their pay or rations in service.

$32. To each regiment and separate battalion, there shall Chaplain. be appointed one chaplain.

cate.

$33. In the judge-advocate's department, there shall be a Judge-advojudge-advocate-general, with the rank of brigadier-general; to each division, a division judge-advocate, with the rank of colonel; and to each brigade, a brigade judge-advocate, with the rank of major.

officers.

$34. There shall be to each regiment and separate bat- Warrant talion, two sergeant standard bearers, one sergeant-major, one quartermaster-sergeant, one drum-major, and one fife-major; and to each regiment and separate battalion of light artillery and cavalry, one trumpet-major.

Laws of 1835, ch. 304.

partments.

$35. The chief of each staff department shall, under the Chief of de direction of the commander-in-chief, have command over all subordinate officers in his department; and shall from time to time issue orders and instructions for their government and practice.

$36. Each chief of such department shall prepare and Ib. transmit, at the expense of this state, all blank forms of returns, precepts, warrants and proceedings necessary in his department.

ARTICLE THIRD.

OF THE ORGANIZATION OF BANDS OF MUSICIANS.

SEC. 37. Commandant of each regiment, &c., may organize a band of musicians.
38. Such musicians subject to their leader, and the commander of regiment, &c.
39. Leader to make return of delinquent members of band.

40. Such return received as evidence.

41. Commanding officer to make return of delinquents in band.

42. He may disband such band.

organize

$37. The commanding officer of each regiment or separate Who to battalion, may organize a band of musicians, not exceeding band. sixteen in number, and by warrant under his hand, may appoint a leader of such band.

bands.

$38. Such musicians shall be subject to the orders of such Duty of leader, and be under the command of the commanding officer of the regiment or separate battalion; and the whole or any part of said band may be required by such commanding officer, to appear at any meeting of the officers for military

TITLE 5.

[299] Returns.

Ib.

Ib.

Band may

be disbanded.

[300]

purposes, and at the review and inspection of such regiment or separate battalion.

$ 39. The leader of each band shall, whenever required by such commanding officer, make returns to him of the warning of the members of his band, and of the delinquents and delinquencies therein; which returns shall be duly authenticated by the oath of such leader, taken before a field officer of such regiment or separate battalion.

$40. Such return, so sworn to, shall be received as evidence in all cases, in the same manner as like returns of non-commissioned officers of infantry companies.

$ 41. Such commanding officer shall make the like returns of all such delinquents and delinquencies, as in cases of noncommissioned officers and musicians in companies of infantry, and with the like effect; and the courts-martial shall impose the like penalties on such delinquent members of each band.

$42. The commanding officer of such regiment or separate battalion, shall have authority to disband such band, whether now or hereafter established, and to revoke the warrant of its leader.

TITLE V.

OF THE SEVERAL PARADES AND RENDEZVOUS OF THE MILITIA. SEC. 1. When and where militia to rendezvous.

2. Uniform companies and troops when to rendezvous.

3. Commandants of brigades of cavalry, &c., may require their commands to meet. 4. Commandants of brigades of artillery may dispense with annual review.

5. They shall give notice thereof to commandants of brigades of infantry.

6. Commandants of brigades of infantry may, in such case, require such of the artillery as are within their beat, to meet in review.

7. They shall, on the day of such review, have command of such artillery.

8. Commandants of brigades of infantry to give notice to commandant of division, of time and place of reviews.

9. Commandant of division to attend reviews.

10. Commandants of brigades, with their staff, to attend reviews.

11. Commissioned, non-commissioned officers and musicians of regiments, to rendezvous two days annually.

12. On first day, brigade inspector to attend.

13. Officers of cavalry or artillery may rendezvous a part at one time.

14. Officers may be required to rendezvous one day in addition to above.

15. Parades of officers may be by brigades, instead of regiments.

16. Commandant of regiment to prescribe how officers are to appear at such parades, &c.

17. He shall report all absences.

18. Commandants of companies to issue their warrants to warn privates, &c.

19. Non-commissioned officer to warn persons required by warrant.

20. He shall make return to his commandant.

21. Commandant to make return to proper court-martial.

22. Return of non-commissioned officer, evidence.

23. Commandants to make return of delinquent non-commissioned officers.

24. Commissioned officers may warn without warrant.

25. Tavern-keepers, &c., to give names of boarders.

26. Penalty for refusing to give account, or for giving a false one.

27. On parade days, militia under arms from sunrise to sundown.
28. Commandants to report delinquencies to court-martial.

SEC. 29. Commanding officer may put disorderly persons under guard. 30. Bounds of parade ground to be designated.

31. Liquor and gambling tables may be destroyed.

32. No parades on election days.

33. Commandants of companies to report delinquents on parade days.

34. Commandants of regiments, &c., to report delinquents at officer parades. 35. In case of invasion, militia may be ordered out.

36. Officer ordering, to give notice of invasion to his commanding officer.

37 & 38. Commandants of regiments, to give notice of insurrection.

39. Judge to whom notice given, may require additional forces to quell it.

40. Persons wounded in service of state, provided for at its expense.

41, 42 & 43. How drafts from the militia made, when ordered by president or commander-in-chief.

44. Persons drafted may offer substitutes.

45. Commander-in-chief to prescribe rules relative to distribution of arms, &c., when militia called into service.

46 & 47. Fantastical dresses prohibited.

48. Local description of regiments.

49. Brigade inspector to report.

50. Duty of adjutant-general.

1. The militia shall rendezvous as follows:

1. By companies in their respective beats, on the first Monday of September in every year, at nine o'clock in the forenoon, for the purpose of training, disciplining, and improving in martial exercise.

2. By regiments or separate battalions, once in each year, between the first of September and the fifteenth of October, at such time and place in their respective beats, as the commanding officer of the brigade shall direct, for the purpose of inspection, review and martial exercise.

3. At such other times and places, either by regiments, battalions, companies or troops, as the case may require, as shall be directed in any order of the proper authority, calling into the service of the United States or of this state, the whole or any portion of the militia.

4. The infantry company of the fifth ward of the city of Albany may rendezvous for company parade in Washington square in said city.

Laws of 1831, ch. 311.

TITLE 5.

Times of parade.

form com

$ 2. It shall be the duty of all uniform companies and Ib., unitroops, to rendezvous by companies and troops within their panies. respective beats, in addition to the general rendezvous, one day in each year, at such time and place as their respective commandants may direct, and as much oftener as a majority of all the members of the company or troop may direct.

Laws of 1835, ch. 304.

parades.

S3. In all cases, where the commanding officers of brigades Cavalry of cavalry or artillery, shall consider it expedient, they may require the corps under their respective commands to meet by regiments or battalions at any parade, which may be required for the purpose of improvement or inspection.

parade dis

S4. If the commandant of any brigade of artillery shall Artillery deem it impracticable or inconvenient, for any regiment or

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