SEC. 37. How collected, if person be under age, &c. 38 How collected, if he belong to society called Shakers. 39. Collector to pay such fines to city or county treasurer. 40. 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. ART. 2 [315] S 12. All fines that shall be imposed by any regimental or Fines to be battalion court-martial, shall be reported by the president of reported. 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, ch. 304. collected. S 13. For the purpose of collecting fines, the president of How to be the court shall within ten days after the receipt of the written 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 persons 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 case 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- Duty of quent may be delivered, to keep him closely confined, without jailer. bail or mainprize, 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. marshals $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 stables. the 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. I.—37 The TITLE 7. New war rant. Warrant renewed. [316] Monies execution of said 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. $16. If the constable shall not be able to collect the fines, 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. $17. Any warrant for the collection of fines, issued by virtue of this Chapter, shall and may be renewed, in the same manner that executions issued from justices' courts may by law be renewed. $18. The monies arising from fines imposed by any regiwhere paid, mental 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. How applied. When to be accounted for. Penalty for neglect. Suits for Laws of 1835, ch. 304. $19. Such president, after deducting and paying the costs and fees, properly chargeable on the fines so received by him, shall pay the surplus of such fines to the officer by whom the court shall have been ordered. $ 20. Every such president shall from time to time, as often as he shall be 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 fines, and of all fines 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. $21. Every such president who shall wilfully neglect or refuse to comply with such request, for the space of ten days, shall be liable to be tried and cashiered therefor. $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 appied. Duty of attorney-gen. $ 23. The monies arising from such penalties when collected, shall be paid over 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. $24. All penalties and fines imposed by courts-martial, and district upon commissioned officers, shall be collected by the attorneyattorney. general, or by the district attornies of the counties in which the persons fined may reside, and be paid by the officer collecting the same, into the treasury. ART. 2. ceived by ants of regi $25. All monies received by each commandant of a regi- Monies rement or separate battalion, shall be expended under the commanddirection of the field officers and commandants of companies ment how in such regiment or battalion, and shall be applied in the first applied. place, to the purchase and repair of colours and instruments of music, and the residue in disciplining and improving such regiment or battalion, in such manner as a majority of the field officers and commandants of companies shall direct. counted for. $ 26. It shall be the duty of each commandant of a regiment How acor separate battalion, to keep an accurate account of all monies by him received and expended, for the use of the regiment or battalion, and to exhibit such account on request, to any commissioned officer of his regiment or battalion, and to deliver it over to his successor in office. Ib. (317) ings in case $27. Each commandant of brigade, shall examine and 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. $28. If the commandant of any regiment or separate Proceed battalion shall neglect or refuse to pay any monies belonging to such regiment or battalion, as the field officers and commandants of companies shall have directed, the commandant of brigade shall sue in his own name, for such monies, and apply the same when recovered, to the use of the regiment or battalion. of neglect to pay. $29. It shall be the duty of the several officers to whom Ib 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. of suit. $30. Every officer so suing, may retain out of the money Expenses he shall collect, all necessary and reasonable expenses he may incur in such suits. S31. It shall be no objection to any person called as a Jurors. witness, or to serve as a juror in any action authorised in this Article, that he is a member of the regiment or battalion that may be affected by such action. tion fines. $32. Every person entitled to be exempt from military Commuta duty, on the payment of the commutation fine of four dollars, 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 shall 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. TITLE 7. List to be made. Duty of as sessor and supervisor. Duty of pervisors. [318] $33. The commandant of each company of infantry shall, 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. $34. The assessor receiving such list, shall deliver the same 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. $35. At such meeting, the supervisors shall cause tax lists board of su- to be made out, according to the lists so delivered, with warrants thereon, under their hands and seals, directed to the 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. Duty of collector. Persons un der age. Shakers. Fines paid Proceed if S36. 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. $37. If any person named in such tax list shall be under age, and living with his father 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 that amount by distress and sale of the goods and chattels of such father or mother, master or mistress. S38. 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 amount thereof, with costs, shall be levied of the goods and chattels of such society or family. $39. Each collector, within twenty days after such comto treasurer mutation fines shall have been collected by him, shall pay the same, deducting his fees for collection, to the county treasurer. $40. If any person entitled to exemption, on the payment ingatcome of the commutation fine, shall have neglected to give the 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. not paid. New York. Laws of 1835, chap. 304. S41. 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. OF THE COMPENSATION AND FEES OF THE MEMBERS OF COURTS-MARTIAL SEC. 42. Compensation of courts-martial or courts of inquiry, payable out of the treasury. 43. What evidence inspectors to furnish, before they receive their pay. 44. Compensation of regimental courts-martial, payable out of fines. 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, &c., entitled to same fees as in other cases. 48. Accounts, how to be audited. 49. Comptroller may draw on treasury for money requisite. ART. 3. [319] members of S 42. There shall be allowed and paid out of the treasury: Pay of 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. inspector. 2. To each brigade-inspector, for inspecting a regiment or Brigadeseparate battalion, six dollars; for attending each parade of 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. keepers. 3. To each military store-keeper, such sum, not exceeding Storetwenty-five dollars, as the commander-in-chief shall think proper to allow. proof. $43. No payment shall be made to any brigade-inspector, Inspectors until he shall have furnished evidence to the comptroller, of toornish 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. mental S44. There shall be allowed and paid out of the fines Pay of regiimposed by each regimental or battalion court-martial, and court-marreceived by the president thereof: 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 business 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. tial. |