TITLE 7.

List to be made.

Duty of assessor and

$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 supervisor. 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 board of supervisors.

[318]

Duty of collector.

Persons un der age.

Shakers.

Fines paid

Proceedings if com

$35. At such meeting, the supervisors shall cause tax lists 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.

$ 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.

$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.

$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 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 mutation be 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
AND OTHER OFFICERS.

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

$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.

to furnish

$43. No payment shall be made to any brigade-inspector, Inspectors until he shall have furnished evidence to the comptroller, of proof. 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

$ 44. 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.

TITLE 7.

List to be

made.

Duty of assessor and

$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 supervisor. 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 board of supervisors.

[318]

Duty of collector.

Persons un·

der age.

Shakers.

Fines paid

Proceedings if com

$35. At such meeting, the supervisors shall cause tax lists 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.

$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.

$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.

$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 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 mutation be 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
AND OTHER OFFICERS.

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

$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

$ 44. 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.

TITLE 7.

List to be made.

Duty of assessor and

$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 supervisor. 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 board of supervisors.

[318]

Duty of collector.

Persons un der age.

Shakers.

Fines paid to treasurer

Proceedings if com

not paid.

$35. At such meeting, the supervisors shall cause tax lists 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.

$ 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.

$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 commutation 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 mutation be 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.

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.