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of, and of his enrolment in, such company, a good musket and bayonet, with the necessary equipments; or a rifle, pistols, sword, or knapsack, at the price which the same may have cost the state.

§ 11. He shall dispose, to the best advantage, of all damaged powder, and of all arms, ammunition, accoutrements, tools, implements, and warlike stores of every kind whatsoever, that shall be deemed unsuitable for the use of the state.

<$ 12. He shall, from time to time, render a just and true account of all sales made by him, with all convenient speed, to the governor, and shall pay the proceeds of such sales into the treasury.

S 13. Whenever the commanding officer of a brigade shall certify that a stand of colours, or any drums, fifes or bugles, are necessary for any battalion in his brigade, the commissarygeneral, with the approbation of the commander-in-chief, shall furnish such battalion with a stand of colours, and a sufficiency of drums, fifes and bugles, at the expense of the state; but no such colours, drums, fifes or bugles, shall be furnished to any brigade at an expense greater than the sum that shall have been theretofore actually paid into the treasury, for fines, in such brigade.

§ 14. The commissary-general shall issue the usual allowance of powder and balls to artillery companies, for practice; and the several commandants of artillery companies shall annually report to the commissary-general, the situation and state of the pieces of ordnance, arms, implements, and accoutrements, the property of the state, entrusted to their charge respectively.

§ 15. The commissary-general shall report annually, to the commander-in-chief, whose duty it shall be to transmit the same to the legislature, a true and particular statement, shewing the actual situation and disposition of all the ordnance, arms, ammunition, and other munitions of war, property, and things, which in any wise appertain to, or respect, the department confided to his keeping.

§ 16. He shall keep a just and true account of all the expenses necessarily incurred in and about his department, and once, at least, in every six months, deliver the same to the comptroller, who shall thereupon examine and audit the same; and he shall draw his warrant on the treasurer, for such sum as he shall audit and certify to be due.

TITLE IX.

MISCELLANEOUS PROVISIONS OF A GENERAL NATURE.

Sbo. 1. Non-commissioned officers of infantry to be exempt from military duty.

2. When commandant of company to give certificate thereof.

3. Certificate, how to be endorsed.

4. Non-commissioned officers and musicians, entitled to a deduction from highway

labor.

6. Non-commissioned officers, Ac., of uniform companies, exempt from jury duty.

Ssc. 6. Officer may give special matter in evidence under general issue. TITLE a.

?. Provisions to extend to all the state.

8. Governor may cause gun houses to be removed.

9. Officers may become supernumerary.

<5 1. Whenever the non-commissioned officers of any com- JJJU^jj^ pany of infantry, shall, in addition to the equipments required officers of by law, uniform and equip themselves in the manner follow- when'Sbe ing, that is to say: With an infantry cap, or with the plate oxemP'and feather heretofore in use in the city of New-York; a tight-bodied blue coat, with yellow or white metal buttons; a white vest and pantaloons, and black gaiters, or half boots; and shall parade, so uniformed and equipped, for the space of seven years then next following, sickness, or unavoidable accidents, or absence excepted, at all parades directed by law; and shall also perform all such military duties, as may be lawfully required of them; such non-commissioned officers shall, from thenceforth, be excused from military duty, except in cases of insurrection or invasion, or except when called into actual service.

Laws of 1824, 331, § 2.

§ 2. Whenever the non-commissioned officers of any such ^e^fl^t"n company, shall appear upon parade, so uniformed and ven' equipped, the commandant of the company shall deliver to every non-commissioned officer belonging to such company, and so appearing at such parade, a certificate in writing, stating that the person therein named, is uniformed and equipped in the manner mentioned in the preceding section, and has so appeared upon parade. Such certificate shall also state, that if the person therein named shall continue to appear at all the parades required by the preceding section, for the space of seven years then next following, sickness and unavoidable accidents, or absence excepted; and if he shall perform all such military duties as may be lawfully required of him, that then he shall from thenceforth be excused from military duty, as above mentioned.

§ 3. The commandant of the company shall, at the last ^*^JJ"be parade in every year, or as soon thereafter as may be con- thereon, venient, endorse upon such certificate, that the person therein t«**] named has paraded, in conformity to the first section of this Title, (if such be the fact, and not otherwise;) and such certificate shall, at the expiration of the said seven years, be countersigned by the commanding officer of the regiment, and be conclusive evidence of the services therein mentioned.

g 4. Every non-commissioned officer and musician, who Dednction shall produce to the overseer of highways, or person authorized wayui!11" to receive commutations for highway taxes, a certificate from the commandant of his company, of his being equipped, and having done military duty, as required by law, for the preceding year, shall be entitled to a deduction from his labor on the highways, or from his commutation for such labor, of two days.

I. —38

Exemption $ 5. Every non-commissioned officer, musician or private, from juries, of any uniform company, or troop, who shall produce a certificate, dated within three months of the time of its production, signed by his commandant, that he belongs to such company, or troop, and is equipped and uniformed, according to law, shall be exempted from serving on any jury within this state; and such certificate shall be sufficient evidence of his right to such exemption.

»nitinit ofli- 6- Whenever any officer of the militia, or any person '° acting under his command, shall be prosecuted for any act done by him as such, he may plead the general issue, and give the special matter in evidence; and in case the plaintiff shall be non-prossed, or non-suited, or have a verdict or judgment against him, the defendant shall recover treble costs.

9 How. P. R., 80; 7 lb., 56.

Application § 7. The general provisions of this Title, and of the preceptor, ceding Titles of this Chapter, shall be construed to extend to the militia, and the different corps thereof, in all parts of the state, except where special provisions, inconsistent therewith, in relation to any portion of such militia, or its different corps, are, or shall be made. Gun-honsoa <5 8. The commander-in-chief, when he shall deem it moved!re" necessary, may authorize any gun house to be removed at the expense of the company of artillery for whose use it had been erected, to any place within the beat of such company, which may be furnished for that purpose and conveyed to this state by deed.

Laws of 1835, ch. 304.

officers § 9. Whenever any commissioned officer shall give notice Siperan- in writing to the commanding officer of the regiment, or separate battalion into the bounds of which he shall have removed within sixty days after removing therein, of his intention to retain his place in the line, he shall be entitled to the privileges of a supernumerary officer, and shall be attached as such to such separate regiment or separate battalion.

Laws of 1835, ch. 304.

TITLE X.

SPECIAL PROVISIONS.

Art. 1. — Of the infantry of the city and county of New-York.
Abt. 2. — Of the first and sixth brigades of New York state artillery.
Art. 3. — Of the first brigade of light artillery.
Art. 4. — Other special provisions.

ARTICLE FIRST.

OF THE INFANTRY OP THE CITY AND COUNTY OT NEW-YORK. |

Sko. 1. Infantry in New-York to parade three times a year.

2. The officers to meet not less than eight times a year.

3. Sections of Title IX to extend to privates in infantry companies in New-York.

merary.

Sec. 4. Certificate to conform to provisions of preceding section. AKT

5. If person holding certificate remove out of bounds of company, Ac. [325]

6. How notices, &c, served in New York.

7. Commandants of brigades to appoint brigade courts-martial annually.

8. They shall have trial of delinquencies in brigade, below rank of captain.

9. Officer ordering court may supply vacancies.

10. Commandant of brigade to deliver returns of delinquencies.

11. Court to assemble annually; judge-advocate to administer oath.

12. President of court to appoint a marshal.

13. Marshal to summon delinquents, and to make return.

14. Judge-advocate may issue summons, 4c.

15. Persons notified and not appearing, to be proceeded against as if present.

16. Court may open a default taken against a party delinquent.

It. Sentence against a commissioned officer not to be executed until approved.

18. Appeal allowed from sentence for delinquency.

19. Officer absenting himself from parade, may be fined not exceeding $25.

20. Officers absenting themselves from improvement meetings, to be fined.

21. Fines imposed by court, to be reported by president.

22. President to issue his warrant to collect the same. .

23. The officer to levy fine, &c, of delinquent, or take his body.

24. He shall make return to president of court.

25. In case a delinquent cannot be found, another warrant may be issued.

26. In executing warrant, person to proceed in same manner as under execution.

27. Keepers of jails to receive persons under such warrants.

28. Presidents of brigade courts-martial to account annually.

29. Monies how appropriated.

§ 1. The infantry of the city and county of New-York shall ^° J"j£|g parade three times in each year, once by companies, and twice » je**by regiments or separate battalions, one of which parades shall be ordered for inspection and review by the commandant of the brigade, and the remaining parades by the commandants of the respective regiments or separate battalions, at such times as they may think proper.

Laws of 1824, 331, § 3; 1825, 413, § 5 & 6.

§ 2. The officers and non-commissioned officers shall meet SJJjJjjJ for military improvement, not less than eight times in each me° ns°' year, at such hours of the day as may be directed for that purpose; three of the meetings to be ordered by the commandant of brigade, and the residue by the commandants of regiments or separate battalions. The names of all persons who shall absent themselves from any such meeting, without such excuse as the officer ordering the same shall deem sufficient, shall be reported by the brigade inspector or the adjutant, as the case may require, to the president of the brigade court-martial, within thirty days after such meeting.

g 3. The first, second and third sections of the ninth Title uo^of"*0of this Chapter, shall extend to the privates as well as the 5[ueetolng lion-commissioned officers of every company of infantry in the jg*^^ city of New-York; but such non-commissioned officers and [3a6j' privates, to entitle themselves to the privileges specified in those sections, shall parade uniformed and equipped as therein mentioned, at all parades directed by law, and also at five additional parades in each year, to be directed by the com

mandant of the regiment to which such company may belong, at such times and in such manner as he may deem best adapted to their improvement in military tactics, certificate. § 4. The certificate to be granted to such non-commissioned officers and privates, shall conform to the provisions contained in the preceding section. Removal of § 5. If any non-commissioned officer or private holding such Eolding a certificate, shall remove out of the bounds of his company, certificate. battalion, or regiment, but not out of the city of New-York, he may continue to parade with the company in which he was first enrolled; unless excused by the commanding officer of such company, or unless he shall be transferred to another company or regiment, by the direction, or with the consent, of the commanding officer of the regiment to which such company belonged. 2c"5 6. All notices, warrants or summonses to attend any served"* parade, improvement meeting, or court-martial in the city and county of New-York, may be served, by leaving a written or printed notice, containing the substance of such notice, warrant, or summons, at the store, counting-house, or usual place of business of the person to be notified, warned, or summoned, with some person of suitable age and discretion.

Laws of 1835, ch. 304.

Brigade § 7. The commandant of each brigade shall, on or before conrt-mar- ^e flpgt (jav 0f june in every year, appoint a brigade courtmartial, to serve also as a court of inquiry, to consist of three commissioned officers; except when a captain or subaltern is to be tried for absence from any parade or improvement meeting, in which case such commandant shall appoint two additional commissioned officers to be members of the court, and in case any captain or subaltern under arrest is to be tried on charges and specifications, he shall also detail five supernumerary officers to act in case the number of the ordinary members shall be reduced, by challenge or otherwise, below five.

Laws of 1835, ch. 304

io. §8. Such court-martial shall have the trial of all offences

and delinquencies within the limits of the brigade, which may be brought to trial within the year ending on the thirty-first day of May then next, except for offences and delinquencies of officers above the rank of colonel, vacancy. § 9. The officer ordering such court shall have power to supply any vacancy which may happen therein. [■33,7] g 10. The commandant of brigade appointing any courtcommand- martial, shall forthwith deliver over all returns of delinquencies ande°fbrl' *na* 8ua^ 001116 to bis hands, to the president of such court

*" martial, or to the brigade judge-advocate, to assemble S Every such court martial shall assemble once at least assem e eyery vearj a^ 8Ucn piace ^ the commandant of the brigade shall from time to time direct; and on its first assembling, the

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