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Sec. 37. How collected, if person be under age, ic.

38 How collected, if he belong to society called Shakers. [315] 39. Collector to pay such fines to city or county treasurer.

■10. Proceedings in case default be made in the payment of the commutation fine. 41. For purposes of this Article, aldermen of New York deemed supervisors.

S V2. All fines that shall be imposed by any regimental or ^'neBbo battalion court-martial, shall be reported by the president of rcpor the court to the officer ordering it, or to his successor in command, within twenty days after such fines shall have been imposed; and the officer ordering the court, or successor in command, shall, immediately after the time shall have elapsed in which appeals are allowed from his decision to the commandant of the brigade, give written notice to the president of the court, of the penalties and fines which shall have been by him remitted or mitigated, and of the appeals which shall have been made from his decision to the commandant of the brigade.

Laws of 1835, eh. 304.

§ 13. For the purpose of collecting fines, the president of Howtoi* the court shall within ten days after the receipt of the written 00 ecte notice aforesaid, make a list of all the persons of whom fines are to be collected, designating the company to which they respectively belong; the sums imposed as fines on each person, and the ]>ersons who shall have appealed to the commandant of the brigade; and shall draw his warrant under his hand and seal, directed to any constable of any city or county, (as the ca»se may be,) thereby commanding him to levy such fine or fines, together with his costs, of the goods and chattels of such delinquents; and if any such delinquent shall be under age, and live with his father or mother, master or mistress, then to levy such fine or fines, with the costs, of the goods and chattels of such father or mother, master or mistress, as the case may be; and in case the goods and chattels of any delinquent, over the age of twenty-one years, cannot be found wherewith to satisfy the same, then to take the body of such delinquent, and convey him to the jail of the city or county wherein he shall reside.

Laws of 1835, ch. 304.

§ 14. It shall be the duty of the jailer to whom such delin- Doty of quent may be delivered, to keep him closely confined, withoutJaiIer' bail or mainprise, for ten days, for any fine not exceeding two dollars, and two additional days for every dollar above that sum; unless the fine, together with the costs, and the jailer's fees, shall be sooner paid.

g 15. Every such constable, to whom any such list and Duty of warrant shall be directed and delivered, may execute the Same and conby levying and collecting the fines, or by taking the body of 8tablesthe delinquent, in any city, town or county in this state, and shall make return thereof, within forty days from the receipt of such warrant, to the president who issued the same. The

L —37

Title 7. executjon 0f gai,j Warrant shall be suspended as to those persons who shall have appealed to the commandant of the brigade, until the further order of such commandant.

Laws of 1835, ch. 304.

New war- g 16. If the constable shall not be able to collect the fines, rant- or take the bodies within the forty days aforesaid, then the president issuing the warrant may, at any time thereafter, within two years from the time of imposing the fines, issue a new warrant against any delinquent, or renew the former warrant, from time to time, as may become necessary.

Laws of 1835, ch. 304.

warrant g 17. Any warrant for the collection of fines, issued by ienewe . yjj.tue Qf tujs Chapter, shall and may be renewed, in the same

maimer that executions issued from justices' courts may by

law be renewed.

[3i6i g 18. The monies arising from fines imposed by any regiwherTpaia. ineutal or battalion court-martial, shall be paid by the officers collecting the same, to the president of the court; the sureties which shall be hereafter given by any constable elect, shall be deemed liable to pay to the president of the court all such sums of money as the said constable may become liable to pay on account of any warrant which shall be delivered to him for collection.

Laws of 1835, ch. 304.

nowap- g 19. Such president, after deducting and paying the costs pU(ii- and fees, properly chargeable on the lines so received by him, shall pay the surplus of such fines to the officer by whom the court shall have lieen ordered. When to be g 20. Every such president shall from time to time, as often accounted ^ g^al] ue required, furnish to the officer ordering the court, or to his successor in command, a correct statement of all monies received by him on account of tines, and of all tines imposed; and it shall be the duty of the officer instituting every such court, or his successor in command, to make such request within seventy days after any such court shall be held. Penalty for g 21. Every such president who shall wilfully neglect or neglect. refuso to comply with such request, for the space of ten days,

shall be liable to be tried and cashiered therefor, suits &>r g 22. It shall be the duty of the respective presidents of penalties, courts-martial, to prosecute in their own names, any marshal or constable, who shall incur any penalty for neglect in the execution or return of any warrant, or in paying over monies collected by him.

Monies how g 23. The monies arising from such penalties when collected, appied. guall be paj(j QVer and applied, as other monies payable to the commandants of regiments and separate battalions, are directed to be paid over and applied, in this Article. Dntyofat- g 24. All penalties and tines imposed by courts-martial, mTMdistrict upon commissioned officers, shall be collected by the attorneyattorney. general, or by the district attomies of the counties in which the persons fined may reside, and be paid by the officer collect- ART"l ing the same, into the treasury.

5 25. All monies received by each commandant of a regi- TM""J5*b^ ment or separate battalion, shall be expended under the commaoddirection of the field officers and commandants of companies menthJw in such regiment or battalion, and shall be applied in the first appliedplace, to the purchase and repair of colours and instruments of music, and the residue in disciplining and improving such regiment or battaUon, in such manner as a majority of the field officers and commandants of companies shall direct.

g 26. It shall be the duty of each commandant of a regiment %^£%{ou or separate battalion, to keep an accurate account of all monies by him received and expended, for the use of the regiment or battaUon, and to exhibit such account on request, to any commissioned officer of his regiment or battaUon, and to deliver it over to his successor in office.

<5 27. Each commandant of brigade, shall examine and (31T1 adjust the accounts of the commandants of regiments or separate battalions in his brigade, on or before the first day of May in each year.

S 28. If the commandant of any regiment or separate Proceed. battaUon shall neglect or refuse to pay any monies belonging of neglect to such regiment or battaUon, as the field officers and com- 10 w" mandants of companies shall have directed, the commandant of brigade shad sue in his own name, for such monies, and apply the same when recovered, to the use of the regiment or battalion.

§ 29. It shaU be the duty of the several officers to whom n> monies are in this Article directed to be paid, in case of the refusal or neglect of the persons directed to account for and pay over such monies, to sue for the same in their own names, but to the uses before specified, in an action for money had and received.

§ 30. Every officer so suing, may retain out of the money Expenses he shall coUect, all necessary and reasonable expenses he may of ,ultincur in such suits.

g 31. It shad be no objection to any person called as a Jorors. witness, or to serve as a juror in any action authorised in this Article, that he is a member of the regiment or battaUon that may be affected by such action.

§ 32. Every person entitled to be exempt from military commuu. duty, on the payment of the commutation fine of four dollars, lon e8' shall, on or before the first day of April in each year, give notice, in writing, and under his oath or affirmation taken before such officer, or a justice of the peace or commissioner of deeds, of his intention so to commute, and that he has conscientious scruples against bearing arms, to the commandant of the company of infantry within the beat of which he shaU reside, and such verified notice shall be a sufficient justification for his non-appearance at any parade during the year.

Laws of 1835, chap. 304.

List to b.' S 33. The commandant of each company of infantry shall, made. on or before the first day of May, in each year, make out a list of all the persons within his beat who are entitled to commute, and who shall have given such notice, and shall deliver such list, signed by him, to one of the assessors of the towns or wards where such persons shall respectively reside. Duty of a»- g 34. The assessor receiving such list, shall deliver the same Sufwrvfsor. to the supervisor of his town or ward, at the time the assessment roll of such town or ward shall be delivered, and such supervisor shall deliver the list, to the board of supervisors of the county at its next meeting. Duty of g 35. At such meeting, the supervisors shall cause tax lists penfeorB1!0' to be made out, according to the lists so delivered, with warrants thereon, under their hands and seals, directed to the (318] several collectors of the towns or wards, in which the persons named in the lists shall respectively reside, and commanding each collector to levy the sum of four dollars, of the goods and chattels of each person named in the tax list annexed to his warrant.

lector0' C°I" S 36. It shall be the duty of each collector, to demand and . receive the sum of four dollars from each person so named, and in default of payment, to levy that amount by distress and sale of the goods and chattels of the person neglecting or refusing to pay.

dlrTe"011 S 37. If any person named in such tax list shall be under er age' age, and living with his lather or mother, or shall then be an apprentice or servant, the father or mother, master or mistress, as the case may be, shall be liable to pay for such person, the sum of four dollars, and in default of payment the collector shall levy tbat amount by distress and sale of the goods and chattels of such father or mother, master or mistress, shakers. g 38. If any person on whom such fine shall have been imposed, shall be of the people called Shakers, the society or family to which such person shall belong, shall be liable therefor, and the amouut thereof, with costs, shall be levied of the goods and chattels of such society or family. Fines paid g 39. Each collector, within twenty days after such comto treasurer mutation fines shall have been collected by him, shall pay the same, deducting his tees for collection, to the county treasurer. Proceed- g 40. If any person entitled to exemption, on the payment mutation be of the commutation fine, shall have neglected to give the not paid, notice required, or shall not have been assessed, and shall be returned as a delinquent to any court-martial, a fine shall be imposed on such person equal in amount to the commutation, which fine shall be collected in the same manner as other fines levied by the same court.

Laws of 1835, chap. 304.

New York. g 41. For the purposes of this Article, the alderman of each ward in the city of New-York shall be deemed the supervisor of such ward; and the common council of the city, the board of supervisors of the city and county.

ARTICLE THIRD. 1

OF THE COMPENSATION AND FEES OF THE MEMBERS OF COURTS-MARTIAL
AND OTHER OFFICERS.

Sec. 42. Compensation of courts-martial or courts of inquiry, payable out of the
treasury.

43. What evidenoe inspectors to furnish, before they receive their pay.

44. Compensation of regimental courts-martial, payable out of fines. [319]

45. No other expenses to be charged on fines received.

46. Fees of officers to whom warrant for collection of fines is issued.

47. For all other services sheriff, Ac., entitled to same fees as iu other cases.

48. Accounts, how to be audited.

49. Comptroller may draw on treasury for money requisite.

<§ 42. There shall be allowed and paid out of the treasury: P»y »f

1. To each division and brigade judge-advocate, and to courts, &c, each president and member of any court of inquiry or courtmartial for the trial of officers, two dollars for each day actually employed on duty; and the like compensation to every marshal appointed by any such court, for every day employed in the execution of the duties required of him.

2. To each brigade-inspector, for inspecting a regiment or Brigadeseparate battalion, six dollars; for attending each parade of "8pe °r" commissioned and non-commissioned officers and musicians, which he is required by law to attend, six dollars; for making

and transmitting to the adjutant-general an inspection return of his brigade, six dollars.

3. To each military store-keeper, such sum, not exceeding storetwenty-five dollars, as the commander-in-chief shall think eepm' proper to allow.

$ 43. No* payment shall be made to any brigade-inspector, Innpectora until he shall have furnished evidence to the comptroller, of pTMTM'911 his having made out and transmitted the inspection return of his brigade to the adjutant-general, and a copy thereof to his division inspector; nor shall any payment be made to a division-inspector, until he shall have furnished like evidence, of his having made out and transmitted his division return to the adjutant-general and the commandant of his division.

<§ 44. There shall be allowed and paid out of the fines Pay of «giimposed by each regimental or battalion court-martial, and court-marreceived by the president thereof: ttaL

1. To the president, one dollar and twenty-five cents for each day he may be actually employed in holding the court or engaged in the b ashless thereof.

2. To each member of the court, one dollar and twenty-five cents for each day he may sit as such member, or may be engaged in travelling to or from the court, allowing twenty miles for a day's travel.

3. To the non-commissioned officer or other person who shall have summoned delinquents to appear before the court, one dollar and twenty-five cents for each day he may have been necessarily so employed, and the same sum for each day of his attendance on the court.

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