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Rules of descent as to lands, men

$7. And be it further enacted, That the rules of descent established by the act, entitled "An act to abolish entails, to confirm confirst section. Veyances by tenants in tail, to regulate descents and to direct the

Clerks of cer

tain counties

to keep a nu

merical index

of military

lots, &c.

mode of conveyances to joint tenants," shall apply to and govern in all the cases provided for by the first section of this act, except where the lands specified in any of the letters patent therein mentioned, or any part thereof, were on the fifth day of April, 1803, held by bona fide purchasers, or devisees under any person or persons who would have been the heirs at law of the patentees if this provision had not been made.

S8. And be it further enacted, That it shall be the duty of the clerks of the several counties comprehending any part of the military tract, to make and keep a numerical index of the military lots within his county, which shall contain, under the number of the lot, a reference to all the conveyances in his office, for the whole or any part of the lot, specifying the book and page in which they are recorded: Such index And further, That the said index shall be considered as part of the public record. public papers belonging to such offices respectively.

declared a

$9. And be it further enacted, That the supervisors of the several counties aforesaid, be authorised to allow to the several clerks Supervisors aforesaid, a reasonable compensation for their services in making the said index, to be levied and raised as a part of the contingent charges of their county.

to allow the clerk compensation.

Certain deeds for bouniy

unless, &c.

An act relative to the recording of deeds of lands in the military tract. Passed February 4, 1814. Chap. 5, p. 9.

$1. Be it enacted by the People of the State of New-York, lands not to represented in Senate and Assembly, That no deed, conveyance or be recorded writing, relating to the title or property of any lands granted by this state as bounty lands, to the officers and troops of this state who served in the army of the United States, executed on or before the first day of May one thousand seven hundred and ninety-seven, shall hereafter be registered or recorded, unless the same be acknowledged or proved according to the provisions of the first section of the act entitled "An act concerning deeds," passed the 12th day of April, 1813, any thing in the seventh section of said act or any law to the contrary notwithstanding.

An act for the relief of the occupants of military lands, which have escheated to the people of this state. Passed April 13, 1819. Chap. 244, p. 312.

S1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That in all cases where any person or persons shall have actually settled on and made improvements on any lands in the military tract, balloted to officers and soldiers serving in the line of this state, in the army of the United States, in the revolutionary war between Great Britain and America, under color of a bona fide purchase by him or them made, which shall appear by the report of the attorney-general, or otherwise, to the commissioners of the land-office to have escheated to the people of this

state, and that all necessary proceedings have been had to perfect the title of the said people to the same, it shall be the duty of the said commissioners upon the application of such possessor, to direct and cause to be ascertained the value of the said lands in an uncultivated state, in the year one thousand eight hundred, and add thereto the interest; which value shall be ascertained by three disinterested persons, to be appointed by the surveyor-general, and on the occupant's paying into the treasury of this state, (or securing the same by mortgage as is the case in other lands,) the value of the land according to the appraisement aforesaid, and the interest thereon, it shall be the duty of the commissioners of the land-office to cause letters patent to issue to said occupants for the same.

$2. And be it further enacted, That the balloting book filed in the secretary's office, by the commissioners of the land-office, shall be transcribed by the secretary of this state, and certified by him, and such transcript shall be filed in the clerk's office of the county of Cayuga, and shall be received as evidence in all courts, of the matters therein contained, to the same extent as the original would if produced.

An act in addition to the several acts relative to escheated lands, and for other purposes. Passed April 14, 1820. Chap. 245, p.

248.

to be made in

$1. Be it enacted by the People of the state of New-York, re- Application presented in Senate and Assembly, That no application for the pur- one year. chase of escheated lands, by virtue of the act, entitled "An act for the relief of the occupants of military lands, which have escheated to the people of this state," passed April 13, 1819, shall be received by the commissioners of the land-office, unless such application shall be made within one year after the title of the people of this state to such lands shall be perfected: Provided however, That applications for the purchase of escheated lands, by virtue of the act aforesaid, which have already been recovered by the people of this state, and on which writs of possession were executed in the year 1819, may be made in one year from the passing of this act.

Proviso.

to be proved

$3. And be it further enacted, That no deed, conveyance or Certain deeds writing relating to the title or property of any lands, granted by this or acknowlstate as bounty lands, to the officers and troops of this state, who edged. served in the army of the United States, executed on or before the first day of May, 1797, shall hereafter be read in evidence in any court of this state, unless the same be acknowledged or proved according to the provisions of the first section of the act, entitled "An act concerning deeds," passed the 12th day of April, 1813, any thing in the 7th section of said act, or any law to the contrary notwithstanding.

retary

state.

$4. And be it further enacted, That it shall be the duty of the Duty of secsecretary of state, to make and certify transcripts of the list of the of dead of the several regiments in the line of this state, now on file in his office, and shall on or before the first day of May next, transmit a transcript so certified, to each of the clerks of the counties of Ononda

Patents de

ga, Cayuga, Oswego, Seneca, Cortland and Tompkins, to be by them filed in their respective offices, and such transcript shall be received as evidence in all courts, to the same extent and effect as the original would be, if produced.

An act to give effect to letters patent where the same were issued after the death of the patentee. Passed April 18, 1826. Chap. 320, p. 376.

$1. Be it enacted by the People of the State of New-York, clared valid. represented in Senate and Assembly, That the title to all lands heretofore granted by letters patent to any person or persons who died previous to the granting or issuing such patents, shall be, and is hereby declared to have been vested in such patentee or patentees at the time of their deaths respectively: Provided, That nothing herein contained shall be so construed as to affect the title or interest of any person or persons acquired by, from or under any bona fide purchase of any of the said lands, or under or by virtue of any contract, agreement or conveyance bona fide on the part of the grantee in such contract, agreement or conveyance, by whomsoever the same may have been made and executed.

Act of 1813.

Monies ap

propriated to

build gunhouses.

Proviso.

Officer re

ceiving mo

ney, to give

security.

$2. And be it further enacted, That the second section of the act, entitled "An act concerning lands in the military tract," passed April 8th, 1813, shall apply to all lands which may be taken or holden in virtue of this act.

Acts relating to the militia and the public defence.

An act authorising the purchase of an additional quantity of ordnance, arms and ammunition for the use of this state, and for other purposes. Passed April 8, 1808.1

$3. And be it further enacted, 'That the treasurer of this state shall, from time to time, on the warrant of the comptroller, pay to the order of the person administering the government of this state, out of any monies in the treasury not otherwise appropriated, such sum or sums of money as may be deemed necessary to erect in each county in which there may be duly organized a company or companies of artillery, of at least thirty men each, duly equipped according to law, a gun-house or gun-houses, in such place or places within the respective counties, as the person administering the government of this state may deem necessary and direct, for the preservation and security of the field-pieces and implements distributed to the artillery company or companies of such county: Provided, That the sum allowed for each gun-house shall not exceed sixty dollars; And provided also, That the officer or person in whose favor any warrants may be drawn for the last mentioned purpose, shall, before he receives the same, enter into a bond to the people of this state, with security to be approved by the comptroller, in a penalty of double the amount

(1) W. v. 5, 348.

of such warrant, conditioned for the faithful expenditure of the money to be received on such warrant, according to the true intent and meaning of this act, and for accounting with the comptroller under oath for the expenditure thereof, and payment of the balance unexpended, within one year from the date of such bond.

certain off

$4. And be it further enacted, That after such gun-houses are To be under completed, the same, together with the field-pieces and implements the care of placed therein, shall be deemed to be under the care and custody of cers. the commandant of the corps for whose accommodation they may be erected, and that any neglect or default of such commandant, by reason whereof such gun-houses, or the guns, carriages, implements or ammunition to be placed therein, may be damaged, injured or lost, shall be deemed an impropriety degrading to the office which he holds, within the meaning of the fourth section of the act supplementary to an act to amend an act, entitled "An act to organize the militia of this state," passed the 5th day of April, 1803; and that every Win are to such commandant, upon being promoted, removed from office, or &c. to their suspended therefrom, shall, upon the request in writing of his suc- successors. cessor in office, or command, surrender and deliver the key of such gun-house, and the artilery, implements and ammunition belonging to the said corps, into the care and custody of such successor, and for Penalty. neglect so to do, shall forfeit and pay, for the use of the said corps, the sum of one hundred dollars, to be sued for and recovered by such successor, in his own name, in an action of debt, in any court having cognizance thereof.

An act concerning the militia. Passed December 10, 1828. Chap.

19, p. 18.

Who

deliver keys,

of new bri

$ 2. Whenever a new brigade of artillery or infantry shall here- courts-marafter be organized in the city of New-York, and such organization tial in case shall take place, or the commandant thereof receive his commission, gados. after the first day of June in any year, it shall be lawful for such com mandant, within thirty days after he shall have qualified under his commission, to appoint a brigade court-martial, to serve until the first day of June next following such appointment.

tial.

$3. Any regimental or battalion court-martial, organized accord-Battalion ing to law, may hold its sessions from time to time, as shall be ne- court-marcessary for the transaction of business, notwithstanding any adjournment of such court for a time exceeding three weeks; but the actual sittings of any such court shall not exceed three weeks in the whole. $4. It shall be the duty of the officers commanding any uniform- Delinquents ed company, the members of which are by law exempted from serv- companies. ing on juries, to return as a delinquent, every non-commissioned officer and private, who shall not appear on parade in the complete uniform of his corps; and for every such offence, such delinquent shall be fined a sum not exceeding five dollars, which fine shall be imposed, levied and collected, in the manner provided by law.

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in uniform

Court may
be appointed.

And dissolv

ed.

Pay of mem. bers of the

court.

Artillery and cavalry in Kings county.

Number of

ly.

An act authorising the commandant of the thirteenth regiment of artillery to constitute and appoint a regimental court-martial for certain purposes. Passed April 18, 1829. Chap. 170, p. 271. $1. It shall be the duty of the commandant of the thirteenth regiment of New-York state artillery to constitute and appoint a courtmartial, to be governed by the same rules and regulations as brigade courts of artillery for the trial of delinquents from parades in the companies composing the said regiment; the court to consist of three officers as members, the senior to be its president, and the junior officer to act as recorder.

$ 2. The said commandant of the thirteenth regiment shall be empowered from time to time, (should circumstances require the same,) to dissolve the court so constituted, as soon as it shall have disposed of the business laid before it from any of the companies in said regiment convenient to the location at which the court may be held, and to re-organize another court at any other place convenient to the situation of the other companies returning delinquents for trial; but the said commandant shall not order a new court until the business of the previous one be finally completed, and the proceedings thereof rendered by its president to the person ordering the same.

$ 3. The members who may from time to time compose said courts, together with the marshal, shall, for their services, be entitled to the pay of one dollar and twenty-five cents per diem while so engaged; and it shall be the duty of its president to transmit all sums arising from fines, after deducting the above pay, and the usual expenses allowed on courts-martial, to the commandant of the said thirteenth regiment, for the use thereof.

An act relating to the militia and the public defence, in the coun-
ty of Kings. Passed May 1, 1829. Chap. 335, p. 514.
$1. The first, second and third sections of Title nine, and the
third and fourth sections of Title ten of Chapter ten of the Revised
Statutes, entitled "Of the militia and the public defence," shall ex-
tend to the several regiments, battalions and companies of artillery,
light artillery, cavalry, light infantry and riflemen now or hereafter
to be uniformed, armed and equipped according to law, and the uni-
form and equipments of their respective corps, in the county of Kings,
so long as such regiments, battalions and companies shall keep them-
selves uniformed, armed and equipped according to law, and the uni-
form and equipments of their respective corps.

$ 2. The officers, non-commissioned officers and musicians of such parades year- 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.

Penalty.

$3. Every such commissioned officer who shall absent 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

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