such court-martial, shall forfeit and pay for every such offence, 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. ART. 2. collected, [334] $53. All fines imposed by the brigade court-martial, shall Fines how be collected in the manner prescribed in the first Article of this Title; except that the president of the court shall, within 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. plied. $ 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. tion of $ 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 paid for their services; but it shall, nevertheless, be their duty to attend the said court. prosecution $56. When any officer, arrested upon charges preferred Costs of against him, shall be convicted, he shall now the costs of the TITLE 10. Last section qualified, Commad ants to account for monies. Those mon ies how applied. [335] Roster. Privileges tions of artillery not in New York. prosecution; and if he be acquitted, the court shall have power, in its discretion, to direct the costs to be paid by the prosecutor, or person preferring such charges; and the president shall issue his warrant for the collection thereof, in the same manner as for the collection of a fine. $57. The last preceding section shall not extend to any arrest made by the commandant of the brigade, or the commandant of any regiment or separate battalion therein, on charges preferred by the officer arresting. $58. The commandants of regiments and separate battalions, shall, on the first Tuesday in May, in each year, render an account, on oath, of all the monies by them respectively received and expended, to the commandant of their brigade. $59. They shall apply and expend such monies toward the payment of regimental expenses, as has been heretofore customary; and if any balance shall remain in their hands, upon the rendering of such account, unexpended or unappropriated, they shall pay the same to the commandant of their brigade, to be by him applied towards paying the expenses of the brigade. $60. Each brigade-inspector shall keep a roster of all the officers in his brigade, below the rank of major. $61. All officers, non-commissioned officers, privates, and and exemp- musicians, of any troop, or company of artillery, not in the city of New-York, now attached to the command of the commandant of the sixth brigade, or to any regiment thereof, shall continue to be attached to the same; and while so attached, they shall be entitled to all the privileges and exemptions, that are enjoyed by the officers, non-commissioned officers, and privates, of such brigade of artillery, and be subject to the same duties, and in like manner answerable for all delinquencies and offences. How composed and equipped. Privileges and exemptions. ARTICLE THIRD. OF THE FIRST BRIGADE OF LIGHT ARTILLERY. SEC. 62. What to compose "first brigade of light artillery;" how to be equipped. $62. The two regiments of light artillery, in the counties of New-York, Kings, Queens, Richmond, Suffolk, and Westchester, now organized into a brigade, shall continue to be a brigade, to be denominated the "First Brigade of Light Artillery;" and the several troops and companies composing the same, shall be armed and equipped as cavalry, and liable to duty as light artillery; but nothing in this section contained, shall prevent the commander-in-chief from disbanding said brigade, if, in his opinion, it shall become proper or expedient. $ 63. The officers, non-commissioned officers, musicians, and privates, belonging to such brigade, shall have and enjoy, all the rights, privileges, and exemptions, and be subject to all the duties, as to the number of parades, both of officers, noncommissioned officers, and privates, and liable to the same penalties, which are granted to, and imposed upon, the first and sixth brigades of New-York state artillery, and any troop, or company of light artillery, attached thereto. ARTICLE FOURTH. OTHER SPECIAL PROVISIONS. SEC. 64. Certain sections to extend to Albany, Rensselaer and Schenectady. 65. The officers shall meet for improvement eight times a year. 66. Officers absent from such meeting, to be fined; delinquents to be reported. ART. 4. Rensselaor nectady. [336] 68. Persons under eighteen years not to enlist in cavalry or artillery. 69. No regimental or battalion parade required in Hamilton county. $ 64. The first, second and third sections of the ninth Title, Albany, and the third and fourth sections of this Title, shall extend and Scheto the several regiments, battalions, and companies of artillery, light artillery, cavalry, light infantry, and riflemen, in the city and county of Albany, in the county of Rensselaer, and in the city and county of Schenectady, so long as such regiments, battalions, and companies, shall keep themselves uniformed, armed and equipped, according to law, and to the uniform and equipments of their respective corps. $65. The officers, non-commissioned officers and musicians г. of such regiments, battalions, and companies, shall meet for military improvement, not less than eight times in each year, at such hours in the day as may be directed for that purpose; three of the said meetings to be ordered by the commandants of brigades, and the residue, by the commanding officers of regiments, or separate battalions. $66. Every such commissioned officer, who shall absent г, himself from any such meeting, without such excuse as the officer ordering the meeting shall deem sufficient, shall be subject to a fine of not less than two, nor more than five dollars, for every such offence. The names of such delinquents shall be returned to the proper court-martial by the brigade inspector, or the adjutant, as the case may require, within thirty days after such meeting. $67. The provisions and requirements of the sixth section Albany. of this Title, shall apply to the city of Albany. S68. Persons under eighteen years of age, in the city of New York. New-York, shall in no case, be permitted to enlist in any company, or troop of cavalry, artillery, or light artillery, light infantry or riflemen. $69. The militia in the county of Hamilton, shall not be Hamilton required to parade at any battalion or regimental parade; but county. the captains of the several companies, shall annually inspect their several companies, and make inspection returns thereof, to the brigade inspector, on or before the first day of November, in each year, and shall also make return of delinquents, to the judge-advocate of the brigade, on or before the first day of October, in each year. TITLE 1. [337] Powers of towns as bodies corporate. Limitation. In what name to act CHAP. XI. Of the Powers, Duties, and Privileges of Towns. TITLE 1. TITLE 2. (Took effect January 1, 1830.) Of towns, as bodies corporate. Of town meetings, and the time, purposes and manner of holding them. TITLE 3. — Of the election and qualifications of town officers, and the tenure of their offices. TITLE 4. Of the general duties of certain town officers, and of vari- TITLE 5. Of legal proceedings in favor of, and against towns. ART. 1. TITLE I. OF TOWNS, AS BODIES CORPORATE. Of the powers and rights of towns, as bodies corporate. ART. 2. Of the effects of the division of a town, on its corporate rights and liabilities. ARTICLE FIRST. OF THE POWERS AND RIGHTS OF TOWNS, AS BODIES CORPORATE. SEC. 1. Powers of towns as bodies corporate, defined. 2. Limitations of those powers. 3. In what name towns to act. $1. Each town, as a body corporate, has capacity, 1. To sue and be sued, in the manner prescribed in the laws of this state: 2. To purchase and hold lands within its own limits, and for the use of its inhabitants, subject to the power of the legislature over such limits: 3. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its corporate or administrative powers: And, 4. To make such orders for the disposition, regulation or use of its corporate property, as may be deemed conducive to the interests of its inhabitants. 11 N. Y., 394; 22 B., 645; 2 J. C. R., 320. $ 2. No town shall possess or exercise any corporate powers, except such as are enumerated in this Chapter, or shall be specially given by law, or shall be necessary to the exercise of the powers so enumerated or given. $ 3. All acts or proceedings by or against a town, in its corporate capacity, shall be in the name of such town; but every conveyance of lands within the limits of such town, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the town by name. 8 B., 645. ARTICLE SECOND. OF THE EFFECTS OF THE DIVISION OF A TOWN, ON ITS CORPORATE SEC. 4. When a town owning lands is divided, agreement for disposition. 5. When a town is altered in its limits, a like agreement. 6. If no agreement, land to be sold, and proceeds apportioned. 7. Personal property to be apportioned. 8. Meetings may be called by either of the supervisors. 9. Burying grounds excepted from preceding sections. 10. Debts owing to a town divided or altered, to be apportioned. 11. This Title is not to apply to gospel and school lots. S 4. When a town seised of lands shall be divided into two or more towns, the supervisors and overseers of the poor of the several towns constituted by such division, shall meet as soon as may be, after the first town-meetings subsequently held in such towns, and when so met, shall have power to make such agreement, concerning the disposition to be made of such town lands and the apportionment of the proceeds, as they shall think equitable, and to take all measures and execute all conveyances which may be necessary to carry such agreement into effect. ART. 2 [338] Town lands disposed of of town. how to be on division part of nexed to $5. When any such town shall be altered in its limits, by when the annexing of a part of its territory to another town, or town is an towns, the supervisors and overseers of the poor of the town another. from which such territory shall be taken, and of the town or towns to which the same shall be annexed, shall, as soon as may be after such alteration, meet for the purpose, and possess the powers provided in the last preceding section. ment be $6. If no agreement for the disposition of such lands, shall if no agreebe made by the supervisors and overseers, within six months made, land after such division or alteration, then the supervisor and over- to be sold.. seers of the poor of each town in which any portion of said lands shall lie, shall proceed, as soon as may be, to sell and convey such part of said lands as shall be included within the limits of such town, as fixed by the division or alteration; and the proceeds arising from such sale shall be apportioned between the several towns interested therein, by the supervisors and overseers of the poor of all the towns, according to the amount of taxable property in the town divided or altered, as the same existed immediately before such division or alteration, to be ascertained by the last assessment list of such town. property, tioned. $7. When a town possessed of or entitled to money, rights Personal and credits, or other personal estate, shall be so divided or how appor altered, such personal estate, including monies belonging to the town in the hands of town officers, shall be apportioned between the towns interested therein, by the supervisors and overseers of such towns, (who shall meet for that purpose as soon as may be after the first town-meetings subsequently held in such towns,) according to the rule of apportionment above prescribed. |