the persons making the same, intend, in good faith, to serve, when ART. 1. organized; and that they are of sufficient ability to equip themselves, according to law. reported. S 10. Every troop of cavalry, and every company of artillery, When to be light artillery, riflemen, light infantry, or grenadiers, which shall not, at any annual inspection and review, have at least forty privates mounted, or armed and equipped, as the law directs, shall be immediately reported by the inspector, or officer acting as such, to the commandant of the brigade to which such troop or company belongs. ed. $ 11. If forty privates shall not so appear at such inspection and Proof requir review, the inspector shall require proof, that there are privates belonging to such company, or troop, properly mounted, or armed and equipped, sufficient to complete the whole number of forty. Such proof may be made by the certificate, on honor, of a commissioned officer, or by the oath of a non-commissioned officer, or private. banded. $12. The commandant of a brigade, to whom a company, or troop, When disshall be reported as deficient in number, shall thereupon disband the same, in orders, unless he shall have reason to believe that such company, or troop, will have forty privates, present and absent, mounted, or armed and equipped, as aforesaid, at the next succeeding inspection and review. 13. In case such company, or troop, at the next inspection and I. review, shall have, absent and present, the number above required, mounted, or armed and equipped, it shall not be disbanded; but if otherwise, the commandant of the brigade shall, without delay, disband the same. $14. All companies of riflemen, not formed into separate battal- Riflemen. ions, or regiments, shall, for all the purposes of this Chapter, be considered as a part of the regiments or separate battalions of infantry, in the bounds of which they are situated. valry, &c. $ 15. All regiments and separate battalions of riflemen, cavalry, Riflemen, caartillery, or light artillery, not formed into brigades, shall, for the purposes of this Chapter, be considered as a part of the brigade of infantry, in the bounds of which the commandants of such regiments, or separate battalions, shall respectively reside. against leav $ 16. No non-commissioned officer, musician, or private, belong- Prohibition ing to any troop of cavalry, or company of artillery, light artillery, ing troop, &c grenadiers, riflemen, or light infantry, shall leave the troop, or company, to which he belongs, to serve as a fireman, in any fire company now raised, or hereafter to be raised in any city or county; nor shall he leave such troop, or company, and enlist in any other, without the written consent of the commandant of the troop, or company, to which TITLE 4. he belongs, unless he shall have removed out of the beat of such troop, or company. Return of enlistments. Ib. Notice of discharge. Limitation. Infants. Uniform. Discipline. Ib. $17. The commandant of every uniform company or troop, shall make a return without delay, of all persons enlisted therein, to the commandants of infantry companies, within whose beats, the persons enlisted respectively reside, and in such return shall specify the date of each enlistment; and the commandants of infantry companies shall strike from their rolls, the name of every person thus certified to have been enlisted, in any regularly organized uniform company or troop. S 18. Such return or certificate shall include only such persons as shall, at the time of such return, be uniformed and equipped according to law; and every person who is not named in such return, shall be liable to do duty in an infantry company, notwithstanding he may have enlisted in an uniform company or troop. $ 19. The commandant of every uniform company or troop, whenever he shall discharge an able bodied man, shall give notice thereof, in writing, to the commandant of the infantry company, within whose beat, the individual discharged shall reside. $ 20. The three last preceding sections shall not be construed to extend to the city and county of New-York. $21. No person under the age of twenty-one years, shall hereafter enlist in or join any uniform troop or company, without the consent, in writing, of his parent or guardian, master or mistress. $ 22. The uniform of the infantry shall be the same as is now established by the secretary of war of the United States; and of all other corps for which provision is not made by the laws of the United States, as the commander in chief shall from time to time direct; but round hats with a feather and the American cockade, shall be deemed a part of a full uniform for a captain or subaltern, and blue pantaloons at all seasons of the year, shall be considered a part of the full uniform. $ 23. The militia of this state, shall, as near as may be, conform their system of discipline and exercise, to that of the army of the United States; and as a guide for such system, Gardner's and Potter's Compend, heretofore furnished to the officers of the militia, by this state, shall be followed by the infantry thereof. $24. The commander in chief shall, from time to time, direct such book as to him shall appear expedient, as a guide for the corps of artillery, light artillery, cavalry and riflemen, and shall furnish the same to the field officers and commandants of companies and troops of such corps, at the expense of the state. ARTICLE SECOND. Of the Organization of the Staff Departments. SEC. 25. Commander in chief entitled to three aids, and military secretary. 26. Major-general entitled to two, and brigadier-general to one aid. 27. Adjutant-general has rank of brigadier-general; officers in his department, and 28. Officers and their rank in the quarter-master-general's department. 29. Officers and their rank in the paymaster-general's department. 30. Commissary-general to have the rank of brigadier-general; military store-keepers 31. Officers in the hospital department. 32. Chaplain to each regiment and separate battalion. 33. Officers and their rank in judge-advocate-general's department. 34. Sergeant-majors, &c. 35. Chief of each staff department, to have command over officers of his department. ART. 2. $25. The commander in chief shall be entitled to three aids, with Aids the rank of colonel, and a military secretary, with the rank of major. $ 26. Each major-general shall be entitled to two aids, with the rank of major; and each brigadier-general to one aid, with the rank of captain. neral $ 27. The adjutant-general shall have the rank of brigadier-gene- Adjutant-geral; and in his department there shall be to each division a division inspector, with the rank of colonel; to each brigade, a brigade inspector, to serve also as a brigade major, with the rank of major; and to each regiment and separate battalion, an adjutant, with the rank of lieutenant. ter-general. $ 28. In the quarter-master-general's department, there shall be a Quarter-masquarter-master-general, with the rank of brigadier-general; to each division, a division quarter-master, with the rank of lieutenant-colonel; to each brigade, a brigade quarter-master, with the rank of captain; and to each regiment and separate battalion, a quarter-master, with the rank of lieutenant. general. $ 29. In the pay-master-general's department, there shall be a pay- Pay-master master-general, with the rank of colonel; to each division, a division pay-master, with the rank of major; to each brigade, a brigade paymaster, with the rank of captain; and to each regiment and separate battalion, a pay-master, with the rank of lieutenant. general. $30. The commissary-general shall have the rank of brigadier- Commissary general and in his department there shall be so many military storekeepers for the safe keeping and the preserving of the state arsenals, magazines, fortifications, and military stores belonging to this state, as he may find it necessary to appoint, not exceeding one to each arsenal, and one for the fortifications at Fort Richmond, on Staten Island. TITLE 4. Hospital department. Chaplain. cate. $31. In the hospital department, there shall be a surgeon-general, with the rank of colonel; to each division, a hospital surgeon, with the rank of lieutenant-colonel; to each brigade, a hospital surgeon, with the rank of major; to each regiment, a surgeon, with the rank of captain; and to each regiment and separate battalion, a surgeon's mate, with the rank of lieutenant; but such rank shall not entitle said officers to promotions in the line, nor regulate their pay or rations in service. $32. To each regiment and separate battalion, there shall be appointed one chaplain. Judge-advo- $33. In the judge-advocate's department, there shall be a judgeadvocate-general, with the rank of brigadier-general; to each division, a division judge-advocate, with the rank of colonel; and to each brigade, a brigade judge-advocate, with the rank of major. ficers. Warrant of- $34. There shall be to each regiment and separate battalion, one sergeant-major, one quarter-master-sergeant, one drum-major, and one fife-major; and to each regiment and separate battalion of light artillery and cavalry, one trumpet-major. Chief of departments. Ib. Who to or ganize band. Duty of bands. $35. The chief of each staff department shall, under the direction of the commander in chief, have command over all subordinate officers in his department; and shall from time to time issue orders and instructions for their government and practice. $36. Each chief of such department shall prepare and transmit, at the expense of this state, all blank forms of returns, precepts, warrants and proceedings necessary in his department. ARTICLE THIRD. Of the Organization of Bands of Musicians. SEC. 37. Commandant of each regiment, &c. may organize a band of musicians. 38. Such musicians subject to the orders of their leader, and under the command of the commander of regiment, &c. 39. Leader to make return of delinquent members of band. 40. Such return received as evidence. 41. Commanding officer to make return of delinquents in band. $37. The commanding officer of each regiment or separate battalion, may organize a band of musicians, not exceeding sixteen in number, and by warrant under his hand, may appoint a leader of such band. $38. Such musicians shall be subject to the orders of such leader, and be under the command of the commanding officer of the regiment or separate battalion; and the whole or any part of said band may be required by such commanding officer, to appear at any meeting of the officers for military purposes, and at the review and inspection of such regiment or separate battalion. $39. The leader of each band shall, whenever required by such TITLE 5. commanding officer, make returns to him of the warning of the mem- Returns. bers of his band, and of the delinquents and delinquencies therein; which returns shall be duly authenticated by the oath of such leader, taken before a field officer of such regiment or separate battalion. $ 40. Such return, so sworn to, shall be received as evidence in I. all cases, in the same manner as like returns of non-commissioned officers of infantry companies. S41. Such commanding officer shall make the like returns of all . such delinquents and delinquencies, as in cases of non-commissioned officers and musicians in companies of infantry, and with the like effect; and the courts-martial shall impose the like penalties on such delinquent members of each band. disbanded. $42. The commanding officer of such regiment or separate bat- Band may be talion, shall have authority to disband such band, whether now or hereafter established, and to revoke the warrant of its leader. TITLE V. OF THE SEVERAL PARADES AND RENDEZVOUS OF THE MILITIA. SEC. 1. When and where militia to rendezvous. 2. Uniform companies and troops when to rendezvous. 3. Commandants of brigades of cavalry, &c. may require the corps under their com- 4. Commandants of brigades of artillery may dispense with annual review. 5. They shall give notice thereof to commandants of brigades of infantry. 6. Commandants of brigades of infantry may, in such case, require such of the artille- 7. They shall, on the day of such review, have command of such artillery. 8. Commandants of brigades of infantry to give notice to commandant of division, of 9. Commandant of division to attend reviews. 10. Commandants of brigades, with their staff, to attend reviews. 11. Commissioned, non-commissioned officers and musicians of regiments, to rendez- 12. On first day, brigade inspector to attend. 13. If inconvenient for officers of any brigade of cavalry or artillery, to rendezvous to- 14. Officers may be required to rendezvous one day in addition to above. 15. Parades of officers may be by brigades, instead of regiments. 16. Commandant of regiment to prescribe how officers are to appear at such parades, &c. 18. Commandants of companies to issue their warrants to their non-commissioned offi- 19. Such non-commissioned officer to warn persons required by warrant. 20. He shall make return to his commandant. 21. Commandant to make return to proper court-martial. 22. Return of non-commissioned officer, evidence. 23. Commandants to make return of delinquent non-commissioned officers. 24. Commissioned officers may warn without warrant. 25. Tavern-keepers, &c. to give names of boarders. 26. Twenty-five dollars penalty for refusing to give account, or for giving a false one. |