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TITLE 10.

when ex empt.

Non-commissioned officers and privates

empt.

Reduction in taxes.

first and sixth brigades of New York state artillery, may use the same weapons, accoutrements, and other equipments, with which they are provided at the passing of this act, until

otherwise directed by the commander-in-chief. Exemp S 31. Such weapons, accoutrements, and other equipments, tions hom execution. together with every horse, actually enrolled for service, and

belonging to any member or members of these brigades, shall

be exempt from seizure by execution. Officers $ 32. Every officer in such brigades, who shall hereafter

resign his commission, if the resignation thereof be accepted by the proper authorities, shall, provided he has served faithfully in any capacity in his brigade, for the period of six years, be thereafter exempt from all military duty in this state, except in cases of insurrection or invasion; and shall in no case be compelled to serve in a grade inferior to that which he shall

have previously held. I S 33. Every non-commissioned officer, musician or private,

now belonging to, or who shall hereafter belong to any regi. when er ment of such brigades, and shall serve faithfully therein, for

the period of seven years, shall thereafter be exempt from military duty in this state, except in cases of insurrection or invasion.

$ 34. Every officer, non-commissioned officer, musician and private actually and faithfully serving in such brigades, shall

be entitled to a reduction of five hundred dollars, from the (331) amount assessed upon him by the assessors, as the value of

his property, and the residue shall be the sum for which he shall be assessed.

$ 35. Every officer, non-commissioned officer, musician and private, in any troop or company of light artillery in either of the brigades, shall be entitled to a similar reduction, to the

amount of one thousand dollars. Exemption § 36. Every officer, non-commissioned officer, musician and from juries.

private, of the first and sixth brigades of artillery, and every commissioned officer of the several brigades of infantry in the city and county of New-York shall be exempt from serving upon any grand or petit jury within this state, if he shall actually and faithfully have served at all the parades, drills and reviews required by law in such brigades during the year, up to the time of claiming such exemption, armed and equipped as the law directs, or shall have been excused for any delinquency or deficiency by the authority empowered to grant the same. The court before whom such exemption shall be claimed, shall not be bound to receive any certificate as conclusive, but in their discretion shall examine into the fact of such service.

Laws of 1835, ch. 304. Regiments

S 37. Each regiment in these brigades shall be ordered out dered out. 101 CACCI

for exercise by the commandant thereof, at least eight, and not exceeding twelve times in each year; of which parades so

sus 35. in any trou be ent

how often to be or

ART. 2

be exer

stores,

review

many shall be by brigades as the commandants of brigades shall respectively direct.

$ 38. The commandants of these brigades shall exercise the officers to officers of their respective brigades, for their military improve- cised. ment, at least four times in each year; and the respective commandants of regiments, shall exercise their commissioned and non-commissioned officers at least twice in every year.

$ 39. The commandant of each regiment shall be entitled Military to receive, from the military stores of this state, as much powder, ball, and other munitions, as the commander-in-chief may think proper, for the purpose of better enabling such officers to exercise and improve their respective regiments.

$ 40. There shall be a review for the inspection of the bri- Inspection gades, on the second Tuesday of October, in each year, or as soon thereafter as possible; and the commandant of each brigade, and the staff officers thereof, shall attend such review.

$ 41. The troops of light artillery annexed to regiments in Light artih. these brigades, may be ordered out for exercise by the com- ordered out. mandants of the regiments to which they are respectively annexed, at least eight and not more than twelve times in each year, including in the number every regimental parade which they may be ordered to attend; and in addition to their other equipments, may be armed with rifles, carbines, or lances, as such troops shall elect.

S42. Officers, non-commissioned officers, musicians and officers how privates, shall be warned to appear at all parades and places of rendezvous, in the manner prescribed in the fifth Title of this Chapter, except that commissioned officers shall be warned by the sergeant-majors of their respective regiments, who shall make their returns to the adjutant or colonel, in the same [332] manner, and with the like effect, as is provided in said Title in respect to company returns.

S 43. In cases of invasion, tumult, and insurrection, it shall Verbal ornot be necessary for commandants of companies to issue suficient. written orders or notices for calling out their men; but verbal orders and notices shall be sufficient. .

S 44. Every commandant of a company shall, when there- Return of. unto required by the commandant of the regiment to which he belongs, make a just and true return of every person absent from any parade or rendezvous.

$ 45. The brigade inspector, or person acting as such, shall Return of make a just and true return of the officers, non-commissioned officers, musicians and privates, present at every parade for inspection and review attended by him, together with the state of their arms and equipments. $ 46. It shall be the duty of the commandant of each regi- Return of

delinquents ment, to make a just and true return of the name of every officer, non-commissioned officer, musician and private, absent from such review for inspection, to the president or judgeadvocate of the brigade court-martial. $ 47. The brigade court-martial shall have power to pre- Fecursor

I. — 39

ders, when

delinquents

inspection, TITLE 10.

therein.

Brigade

Power thereof.

scribe, and from time to time to alter the forms of returns of delinquencies to be made by commandants of regiments and companies, and also to prescribe or alter the forms of returns made by non-commissioned officers, of persons warned by

them to appear on parade. Alterations S 48. Whenever such court-martial shall prescribe or alter

the form of any return, notice thereof shall be published in orders; after which, such returns shall be made in the form directed by the court.

$ 49. The commandant of each brigade shall, on or before conit-mar- the first day of June in each year, appoint a brigade court

martial, to serve also as a brigade court of inquiry, to consist
of five commissioned officers, at least one of whom shall be a
field officer, and president thereof, and any three of whom,
including such president, may make a quorum, except when
a captain or subaltern is tried, in which case five members
shall be present; and the commandant shall also detail five
supernumeraries, to act in case the number of the ordinary
members shall be reduced by challenge or otherwise below five.

S 50. Each court-martial shall have the trial of all offences and delinquencies in its brigade, which may be brought to trial within the year ending on the thirty-first day of May, then next; except such offences and delinquencies of officers above the rank of captain, as are not provided for in the fifty

second section of this Article. [333]

$ 51. The provisions of the first Article of this Title, from section nine to section eighteen, both inclusive, shall apply to the courts-martial of said brigades of artillery.

$ 52. The following punishments, penalties and fines, shall be incurred and imposed, for not conforming to the provisions of this Article, unless a satisfactory excuse be produced to the court-martial. •

1. Every commissioned officer who shall neglect to appear and do duty, in the complete uniform and equipments of his corps, at any parade for exercise, when thereunto duly notified, shall forfeit and pay a penalty not exceeding ten dollars for every such neglect.

2. Every non-commissioned officer, musician and private, who shall so neglect to appear, shall forfeit and pay a penalty not exceeding five dollars for every such neglect.

3. Every commissioned officer absenting himself from any meeting for improvement, shall forfeit and pay a penalty of three dollars for every such neglect.

4. Every non-commissioned officer, who shall neglect to execute any warrant or order to him directed, or to return such warrant; or shall make a false return thereof; or shall neglect or refuse to appear at the place of rendezvous mentioned in such warrant; or neglect or refuse to summon any delinquent to appear before any court-martial, when thereunto required by a summons from the president; or shall neglect to return any such simmons, in his own proper person, before

Former Article of this Title extended. Penalties and fines.

ART. 2.

such court-martial, shall forfeit and pay for every such offence, A a fine not less than five, nor more than twenty-five dollars.

5. Every commissioned officer, for disobedience of orders, neglect of duty, unofficer-like conduct and behaviour, or disrespect to a superior officer; or for neglect to furnish himself with a uniform and side-arms, within six months after he receives his commission; shall be arrested and brought to trial before a court-martial, who may, on conviction, sentence him to be cashiered, and may impose a fine not exceeding ninetyfive dollars, or may sentence him to any part of said punishment or penalties, or to be reprimanded or suspended, as the said court-martial shall think proper.

6. Every non-commissioned officer, for neglecting or refusing to act as such when duly appointed, shall be sentenced to pay a fine, not exceeding twenty, nor less than five dollars.

7. Every non-commissioned officer, musician or private, who shall, on any day of parade, neglect or refuse to obey the orders of his superior officers, or to perform such military duty or exercise as may be required, or shall depart from his colours, post or guard, or leave the ranks without permission, shall be sentenced to pay a fine not exceeding twenty-five, nor less than two dollars. S 53. All fines imposed by the brigade court-martial, shall Fines how

collected. be collected in the manner prescribed in the first Article of this Title; except that the president of the court shall, within (334) sixty days after any fines have been imposed, issue his warrant for their collection, directed to the keeper of the jail in the city and county, or in the county in which the delinquent shall reside; and except also, that the jailer shall set at liberty, any person confined by virtue of such warrant, after he shall have been in close confinement for fifteen days.

$ 54. All such fines, when collected, after deducting the pay How apof the president and judge-advocate, and of the marshal, constable, or special deputy, and all necessary expense for room hire, stationery and printing, shall be divided amongst, and paid to, the several commandants of regiments and separate battalions, in the brigade in which such fines shall have been collected, in proportion to the whole amount of fines collected from said regiments and separate battalions, respectively; but in such a manner, that the expenses incurred in and about the trial of delinquencies, and other offences, returned from each regiment, or arising therein, shall be defrayed out of the fines which may have been, or may be afterwards collected therefrom, as far as the same may go.

$ 55. The president of the court, and the judge-advocate, Compensashall each be entitled to two dollars per day, while on actual members duty; and none of the other members of the court, shall be or paid for their services; but it shall, nevertheless, be their duty to attend the said court.

S 56. When any officer, arrested upon charges preferred Costs.cofi against him, shall be convicted, he shall now the costs of the

plied.

tion of

of court.

prosecution

TITLE 10.

Alterations

Brigade court-martjal.

Power thereof.

scribe, and from time to time to alter the forms of returns of delinquencies to be made by commandants of regiments and companies, and also to prescribe or alter the forms of returns made by non-commissioned officers, of persons warned by

them to appear on parade. Alterations S 48. Whenever such court-martial shall prescribe or alter

the form of any return, notice thereof shall be published in orders; after which, such returns shall be made in the form directed by the court.

$ 49. The commandant of each brigade shall, on or before the first day of June in each year, appoint a brigade courtmartial, to serve also as a brigade court of inquiry, to consist of five commissioned officers, at least one of whom shall be a field officer, and president thereof, and any three of whom, including such president, may make a quorum, except when a captain or subaltern is tried, in which case five members shall be present; and the commandant shall also detail five supernumeraries, to act in case the number of the ordinary members shall be reduced by challenge or otherwise below five.

$ 50. Each court-martial shall have the trial of all offences and delinquencies in its brigade, which may be brought to trial within the year ending on the thirty-first day of May, then next; except such offences and delinquencies of officers above the rank of captain, as are not provided for in the fifty

second section of this Article. [333]

S 51. The provisions of the first Article of this Title, from section nine to section eighteen, both inclusive, shall apply to the courts-martial of said brigades of artillery.

S 52. The following punishments, penalties and fines, shall be incurred and imposed, for not conforming to the provisions of this Article, unless a satisfactory excuse be produced to the court-martial. •

1. Every commissioned officer who shall neglect to appear and do duty, in the complete uniform and equipments of his corps, at any parade for exercise, when thereunto duly notified, shall forfeit and pay a penalty not exceeding ten dollars for every such neglect.

2. Every non-commissioned officer, musician and private, who shall so neglect to appear, shall forfeit and pay a penalty not exceeding five dollars for every such neglect.

3. Every commissioned officer absenting himself from any meeting for improvement, shall forfeit and pay a penalty of three dollars for every such neglect.

4. Every non-commissioned officer, who shall neglect to execute any warrant or order to him directed, or to return such warrant; or shall make a false return thereof; or shall neglect or refuse to appear at the place of rendezvous mentioned in such warrant; or neglect or refuse to summon any delinquent to appear before any court-martial, when thereunto required by a summ ons from the president; or shall neglect to return any such stimons, in his own proper person, before

Former Article of this Title extended. Penalties and fines.

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