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ART. 1.

brigade judge-advocate, and in case of there being no brigade judge-advocate, qualified to act as such, then such judgeadvocate as the commandant of the brigade shall appoint for the time being, shall administer to each member of the court then appearing, and afterwards to such other members of the court as may thereafter appear, the oath prescribed in the ninth section of the sixth Title of this Chapter.

$ 12. The president of every such court-martial shall ap- Marshal. point a marshal for said court, which appointment may be made either before or after the president shall have been sworn.

$ 13. He shall direct such marshal to summon all delin- His duty. quents and parties accused, to appear before the court at the time and place by him in orders appointed; and such marshal shall make the like return, and with the like effect, as commissioned and non-commissioned officers are authorised and required to make in cases of warning to a company or regimental parade, and shall be subject to the like penalties for

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$ 14. The brigade judge-advocate may issue summonses, Sammons,

subpænas, subpoenas, and all other needful process, under his official &c. signature; and the same shall be as effectual as if issued by the president of the court.

S 15. Every person who shall, after having been duly Persons not notified or summoned, refuse or neglect to appear before the court, may be proceeded against as if he was personally present, and had pleaded not guilty.

$ 16. Every such court-martial, on the application of any Default delinquent, fined by default for not appearing, who shall make opened. satisfactory excuse to the court for his default, may re-consider his case; and on sufficient cause being shown, may remit the fine, penalty or forfeiture, or direct the same to be repaid if collected.

S 17. No sentence of any such court-martial upon any Appre commissioned officer shall be carried into effect, until such sentence shall be approved by the officer ordering the court.

$ 18. From the sentence of every such court-martial, im- Appeal, posing a fine for any delinquency, an appeal, if made within twenty days, shall be allowed to the commandant of the brigade. S 19. It shall be the duty of the adjutant of each regiment (328)

Penalty for to return all absent officers from any parade to the proper absence. court-martial; and every officer who shall absent himself from any parade, may be punished by fine, not exceeding twentyfive dollars for each parade.

$ 20. Every commissioned and non-commissioned officer Ib. who shall absent himself from any of the improvement meetings, mentioned in the second section of this Article, without such excuse as the officer ordering the meeting shall deem sufficient, may be punished by fine of not less than two nor more than five dollars for every such offence.

$ 21. All fines imposed by any such court-martial, shall be reported.

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TITLE 10.

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Brigade court-martial.

O 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.

$ 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 holding 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.

$ 6. All notices, warrants or summonses to attend any 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. $ 7. The commandant of each brigade shall, on or before the first day of 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. S 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.

S 9. The officer ordering such court shall have power to

supply any vacancy which may happen therein. (327) S 10. The commandant of brigade appointing any court

martial, shall forthwith deliver over all returns of delinquencies that shall come to his hands, to the president of such court

martial, or to the brigade judge-advocate. When court $ 11. Every such court martial shall assemble once at least

in every year, at such place as the commandant of the brigade shall from time to time direct; and on its first assembling, the

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ART. 1.

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brigade judge-advocate, and in case of there being no brigade judge-advocate, qualified to act as such, then such judgeadvocate as the commandant of the brigade shall appoint for the time being, shall administer to each member of the court then appearing, and afterwards to such other members of the court as may thereafter appear, the oath prescribed in the ninth section of the sixth Title of this Chapter.

$ 12. The president of every such court-martial shall ap- Marshal. point a marshal for said court, which appointment may be made either before or after the president shall have been sworn.

$ 13. He shall direct such marshal to summon all delin- His duty. quents and parties accused, to appear before the court at the time and place by him in orders appointed; and such marshal shall make the like return, and with the like effect, as commissioned and non-commissioned officers are authorised and required to make in cases of warning to a company or regimental parade, and shall be subject to the like penalties for neglect of duty. S 14. The brigade judge-advocate may issue summonses, Sammons,

subpænas, subpoenas, and all other needful process, under his official &c. signature; and the same shall be as effectual as if issued by the president of the court. $ 15. Every person who shall, after having been duly Persons not

appearing. notified or summoned, refuse or neglect to appear before the court, may be proceeded against as if he was personally present, and had pleaded not guilty.

$ 16. Every such court-martial, on the application of any Default delinquent, fined by default for not appearing, who shall make opened. satisfactory excuse to the court for his default, may re-consider his case; and on sufficient cause being shown, may remit the fine, penalty or forfeiture, or direct the same to be repaid if collected.

S 17. No sentence of any such court-martial upon any approval of commissioned officer shall be carried into effect, until such sentence shall be approved by the officer ordering the court.

S 18. From the sentence of every such court-martial, in- Appeal, posing a fine for any delinquency, an appeal, if made within twenty days, shall be allowed to the commandant of the brigade. S 19. It shall be the duty of the adjutant of each regiment (328)

Penalty for to return all absent officers from any parade to the proper absence. court-martial; and every officer who shall absent himself from any parade, may be punished by fine, not exceeding twentyfive dollars for each parade.

$ 20. Every commissioned and non-commissioned officer Ib. who shall absent himself from any of the improvement meetings, mentioned in the second section of this Article, without such excuse as the officer ordering the meeting shall deem sufficient, may be punished by fine of not less than two nor more than five dollars for every such offence.

$ 21. All fines imposed by any such court-martial, shall be reported.

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TITLE 10.

reported by the president of the court within thirty days after they shall be imposed, to the commandant of the brigade by

whom the court shall have been ordered. List of per $ 22. For the purpose of collecting such fines, the president sons fined and wars of the court shall, within thirty days after such fines shall have rant.

been imposed, make a list of all persons fined by such courtmartial, and who shall not have paid their fines, designating therein the number of the street or ward in which each delinquent resides, and the amount of the fine or fines imposed upon him; and he shall also draw his warrant under his hand and seal, directed to any constable or marshal of the city and county, or other special deputy that may be appointed for that purpose by such court-martial.

S 23. The warrant shall command the person to whom it may be directed, to levy the fine or fines of each delinquent, together with the fees for collecting the same, of the goods and chattels of such delinquent; 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 such fees, of the goods and chattels of such father or mother, master or mistress, as the case may be; and for want of goods and chattels whereon to levy, to take the body of such delinquent, and

him to deliver to the keeper of the jail in said city and county. Return of $ 24. The person to whom such warrant shall be directed,

shall return it to the president of the court-martial in forty days, with a return of his proceedings thereon; and shall, on or before the expiration of the time limited for the return of the warrant, account to the president or his successor, under oath, and pay to him or his successor, all monies he may have

collected or received in virtue thereof. New war- $ 25. In case he shall return any of the delinquents not

found, it shall be lawful for such president, or his successor, in like manner, to issue another and a further warrant against such delinquents so, from time to time, returned not found, until the whole of the fines shall have been collected, or the

bodies of the delinquents taken. [329] S 26. The person to whom any such warrant shall be Duty and delivered, in executing the same, shall proceed in the same

manner, be entitled to the same fees, and be subject to the same penalties, as in cases of execution issued out of the marine court, in the said city.

$ 27. The keeper of the jail in said city and county, shall receive the body of every person committed under any such warrant, and shall keep him closely confined in such jail, without bail or mainprize, until the fine or fines, for which he shall have been committed, together with the fees for executing the warrant, and the jailer's fees, shall be paid ; but the jailer shall set at liberty every such person after he shall have been

so confined ten days. Presidents $28. The president of every brigade court-martial shall

annually, on the first Monday in March, and oftener if required,

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account upon oath, and pay over to the commandant of the mi brigade who shall have ordered the said court, and to the account. commandants of regiments or separate battalions, within his brigade, who are hereby constituted a board of officers for that purpose, or to a treasurer by them to be appointed, all the monies which he may receive as aforesaid.

S 29. Such monies shall be appropriated by the board,

1. To the payment for room hire and stationery, and for the plied. compensation allowed to the brigade inspector, brigade judgeadvocate, and members of the courts-martial and courts of inquiry of the brigade, and the marshals appointed by such courts respectively.

2. To the purchase and repair of colours and instruments of music; the payment, instruction, and equipment of musicians; the printing of orders and notices, and such other military purposes as shall be directed and allowed by the board of officers.

(330)

ARTICLE SECOND.
OF THE FIRST AND SIXTH BRIGADES OF NEW YORK STATE ARTILLERY.
SEC. 30. First and sixth brigades of state artillery, to use same weapons, now in use.

31. Weapons, &c. and horse enrolled for service, exempt from execution.
32. Officers exempt from military duty after six years' service.
33. Non-commissioned officers, &c. exempt after seven years' service.
34. Persons entitled to a reduction of 500 dollars, from assessment.
35. Oflicers, &c. in light artillery to have reduction of one thousand dollars.
36. Officers, &c., exempt from jury duty.
37. Regiments of said brigades shall be ordered out for exercise.
38. Officers of said brigades to be exercised four times annually.
39. Each regiment to receive from state military stores, powder, &c. for exercise.
40. "To be a review for the inspection of brigades annually.
41. Light artillery, may be ordered out not less than eight, nor more than twelve

times annually.
42. Officers, &c. how warned to appear at parade.
43. In cases of invasion, &c. written notices not necessary.
44. Commandants of companies to make a return of persons absent.
45. Brigade inspector to make return of officers, &c. present at inspection.
46. Commandants of regiments to make return of officers, &c. absent from inspec-

tion. 47. Brigade courts-martial to prescribe or alter forms of returns. 48. When they prescribe or alter forms, notice to be published in orders. 49. Commandant of brigade to appoint brigade court-martial annually. 50. It shall have the trial of delinquencies in brigade below the rank of captain. 51. Provisions of first Article to apply to said brigades of artillery. 52. Punishments, for not conforming to the provisions of this Article. 53. Fines imposed, how collected. 54. How disposed of when collected. 55. President and judge-advocate to receive two dollars per day. 56. When officer is convicted upon charges preferred against him, to pay costs. 57. Last section not to extend to arrests made by commandants of brigades, &c. 58. Commandants of regiments, &c. to account annually for monies received. 59. How much monies expended and applied. 60, Brigade inspectors to keep a roster of officers in their brigade. 61. Officers and privates of artillery, not in New York, their privileges. $ 30. The several companies and regiments composing the Weapons.

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