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SEC. 38 How collected, if he belong to society called Shakers.

39. Collector to pay such fines when collected, to city or county treasurer.

40. Proceedings in case default be made in the payment of the commutation fine.

41. For purposes of this Article, aldermen of New-York deemed supervisors, and the

common council the board of supervisors.

ART. 2.

$12. All fines that shall be imposed by any regimental or battal- Fines to be ion court-martial, shall be reported by the president of the court to reported. the officer ordering it, or to his successor in command, within twenty days after such fines shall have been imposed.

collected.

$ 13. For the purpose of collecting such fines, the president of the How to be court shall, within thirty days after the fines have been imposed, make a list of all the persons fined, designating the company to which they respectively belong, and the sums imposed as fines on each person, and shall draw his warrant under his hand and seal, directed to any marshal or constable of any city or county, (as the case may be,) thereby commanding him to levy such fine or fines, together with his costs, of the goods and chattels of such delinquents; 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 the costs, of the goods and chattels of such father or mother, master or mistress, as the case may be; and in case the goods and chattels of any delinquent, or the goods and chattels of the father or mother, master or mistress, of any delinquent under age, cannot be found wherewith to satisfy the same, then to take the body of such delinquent, and convey him to the jail of the city or county wherein he shall reside.

$ 14. It shall be the duty of the jailer to whom such delinquent Duty of jailor may be delivered, to keep him closely confined, without bail or mainprize, for ten days, for any fine not exceeding two dollars, and two additional days for every dollar above that sum; unless the fine, together with the costs, and the jailer's fees, shall be sooner paid.

shals and con

S 15. Every such marshal or constable, to whom any such list and Duty of marwarrant shall be directed and delivered, may execute the same by stables. levying and collecting the fines, or by taking the body of the delinquent, in any city, town or county in this state, and shall make return thereof, within forty days from the receipt of such warrant, to the president who issued the same.

$16. If the marshal or constable shall not be able to collect the fines or take the bodies within the forty days aforesaid, then the president issuing the warrant may, at any time thereafter, within two years from the time of imposing the fines, issue a new warrant against any delinquent, or renew the former warrant, from time to time, as may become necessary.

New warrant

newed.

S17. Any warrant for the collection of fines, issued by virtue of Warrant re this Chapter, shall and may be renewed, in the same manner that executions issued from justices' courts may by law be renewed.

TITLE 7. $ 18. The monies arising from fines imposed by any regimental or battalion court-martial, shall be paid by the officers collecting the where paid. same, to the president of the court.

Monies

How applied.

When to be accounted for.

Penalty for neglect.

Suits for penalties.

Monics how applied.

Duty of attorney-gen.

attorney.

19. Such president, after deducting and paying the costs and fees, properly chargeable on the fines so received by him, shall pay the surplus of such fines to the officer by whom the court shall have been ordered.

$20. Every such president shall from time to time, as often as he shall be required, furnish to the officer ordering the court, or to his successor in command, a correct statement of all monies received by him on account of fines, and of all fines imposed; and it shall be the duty of the officer instituting every such court, or his successor in command, to make such request within seventy days after any such court shall be held.

S21. Every such president who shall wilfully neglect or refuse to comply with such request, for the space of ten days, shall be liable to be tried and cashiered therefor.

$ 22. It shall be the duty of the respective presidents of courtsmartial, to prosecute in their own names, any marshal or constable, who shall incur any penalty for neglect in the execution or return of any warrant, or in paying over monies collected by him.

$ 23. The monies arising from such penalties when collected, shall be paid over and applied, as other monies payable to the commandants of regiments and separate battalions, are directed to be paid over and applied, in this Article.

$ 24. All penalties and fines imposed by courts-martial, upon comand district missioned officers, shall be collected by the attorney-general, or by the district attornies of the counties in which the persons fined may reside, and be paid by the officer collecting the same, into the treasury.

Monies received by

ants of reg't.

$25. All monies received by each commandant of a regiment or command- separate battalion, shall be expended under the direction of the field how applied. officers and commandants of companies in such regiment or battalion, and shall be applied in the first place, to the purchase and repair of colours and instruments of music, and the residue in disciplining and improving such regiment or battalion, in such manner as a majority of the field officers and commandants of companies shall direct.

How accounted for.

$26. It shall be the duty of each commandant of a regiment or separate battalion, to keep an accurate account of all monies by him received and expended, for the use of the regiment or battalion, and to exhibit such account on request, to any commissioned officer of his regiment or battalion, and to deliver it over to his successor in office.

$27. Each commandant of brigade, shall examine and adjust the accounts of the commandants of regiments or separate battalions in his brigade, on or before the first day of May in each year.

ART. 2.

How ac

counted for.

in case of ne

$28. If the commandant of any regiment or separate battalion Proceedings shall neglect or refuse to pay any monies belonging to such regiment glect to pay. or battalion, as the field officers and commandants of companies shall have directed, the commandant of brigade shall sue in his own name, for such monies, and apply the same when recovered, to the use of the regiment or battalion.

$ 29. It shall be the duty of the several officers to whom monies Ib. are in this Article directed to be paid, in case of the refusal or neglect of the persons directed to account for and pay over such monies, to sue for the same in their own names, but to the uses before specified, in an action for money had and received.

suits.

$ 30. Every officer so suing, may retain out of the money he shall Expenses of collect, all necessary and reasonable expenses he may incur in such suits.

$31. It shall be no objection to any person called as a witness, or Jurors. to serve as a juror in any action authorised in this Article, that he is a member of the regiment or battalion that may be affected by such action.

tion fines.

$ 32. Every person entitled to be exempt from military duty, on Commutathe payment of the commutation fine of four dollars, shall, on or before the first day of April in each year, give notice, in writing, of his intention so to commute, or that he has conscientious scruples against bearing arms, to the commandant of the company of infantry within the beat of which he shall reside, and such notice shall be a sufficient justification for his non-appearance at any parade during the year.

made.

$33. The commandant of each company of infantry shall, on or List to be before the first day of May, in each year, make out a list of all the persons within his beat who are entitled to commute, and who shall have given such notice, and shall deliver such list, signed by him, to one of the assessors of the towns or wards where such persons shall respectively reside.

sessor and

$34. The assessor receiving such list, shall deliver the same to Duty of asthe supervisor of his town or ward, at the time the assessment roll of supervisor. such town or ward shall be delivered, and such supervisor shall deliver the list, to the board of supervisors of the county at its next meeting.

board of su

$35. At such meeting, the supervisors shall cause tax lists to be Duty of made out, according to the lists so delivered, with warrants thereon, pervisors. under their hands and seals, directed to the several collectors of the

TITLE 7. towns or wards, in which the persons named in the lists shall respectively reside, and commanding each collector to levy the sum of four dollars, of the goods and chattels of each person named in the tax list annexed to his warrant.

Duty of collector.

Persons un

der age.

Shakers.

Fines paid to

treasurer.

Proceedings

tion be not

paid.

$36. It shall be the duty of each collector, to demand and receive the sum of four dollars from each person so named, and in default of payment, to levy that amount by distress and sale of the goods and chattels of the person neglecting or refusing to pay.

$37. If any person named in such tax list shall be under age, and living with his father or mother, or shall then be an apprentice or servant, the father or mother, master or mistress, as the case may be, shall be liable to pay for such person, the sum of four dollars, and in default of payment the collector shall levy that amount by distress and sale of the goods and chattels of such father or mother, master or mistress.

$38. If any person on whom such fine shall have been imposed, shall be of the people called Shakers, the society or family to which such person shall belong, shall be liable therefor, and the amount thereof, with costs, shall be levied of the goods and chattels of such society or family.

$39. Each collector, within twenty days after such commutation fines shall have been collected by him, shall pay the same, deducting his fees for collection, to the county treasurer.

$40. If any person entitled to exemption, on the payment of the if commuta commutation fine, shall have neglected to give the notice required, or shall not have been assessed, and shall be returned as a delinquent to any court-martial, a fine shall be imposed on such person equal in amount to the commutation, which fine shall he collected in the same manner as other fines levied by the same court; and every president of a court-martial, to whom any such commutation fine shall be paid, shall pay the same, within twenty days after the receipt thereof, to the treasurer of the county, for the use of the poor thereof.

New-York,

S41. For the purposes of this Article, the alderman of each ward in the city of New-York shall be deemed the supervisor of such ward; and the common council of the city, the board of supervisors of the city and county.

ARTICLE THIRD.

Of the Compensation and Fees of the Members of Courts-Martial and other Officers.

SEC. 42. Compensation of officers and members of courts-martial or courts of inquiry, and certain other officers payable out of the treasury.

43. What evidence brigade and division inspectors to furnish, before they receive their pay.

SEC. 44. Compensation of officers and members of regimental, &c. courts-martial, payable out of fines received.

45. No other expenses to be charged on fines received.

46. Fees of officer to whom warrant for collection of fines is issued.

47. For all other services under this Chapter, sheriff, &c. entitled to same fees as in
other cases.

48. Accounts payable out of treasury, to be audited by comptroller; those payable out
of fines collected, by officer ordering court.

49. Comptroller may draw on treasury for money requisite to execute provisions of
this Chapter.

$42. There shall be allowed and paid out of the treasury:

ART. 3.

Pay of members of

1. To each division and brigade judge-advocate, and to each pre- courts, &c. sident and member of any court of inquiry or court-martial for the trial of officers, two dollars for each day actually employed on duty; and the like compensation to every marshal appointed by any such court, for every day employed in the execution of the duties required of him.

spector.

2. To each brigade-inspector, for inspecting a regiment or separate Brigade-inbattalion, six dollars; for attending each parade of commissioned and non-commissioned officers and musicians, which he is required by law to attend, six dollars; for making and transmitting to the adjutantgeneral an inspection return of his brigade, six dollars.

spector.

3. To each division-inspector, for making and transmitting annu- Division-inally to the adjutant-general and to the commandant of his division, a division return, six dollars.

ers.

4. To each military store-keeper, such sum, not exceeding twenty- Store-keepfive dollars, as the commander in chief shall think proper to allow.

furnish proof.

$ 43. No payment shall be made to any brigade-inspector, until Inspectors te he shall have furnished evidence to the comptroller, of his having made out and transmitted the inspection return of his brigade to the adjutant-general, and a copy thereof to his division inspector; nor shall any payment be made to a division-inspector, until he shall have furnished like evidence, of his having made out and transmitted his division return to the adjutant-general and the commandant of his division.

mental court

$ 44. There shall be allowed and paid out of the fines imposed by Pay of regieach regimental or battalion court-martial, and received by the presi- martial. dent thereof:

1. To the president, one dollar and twenty-five cents for each day he may be actually employed in holding the court or engaged in the business thereof.

2. To each member of the court, one dollar and twenty-five cents for each day he may sit as such member, or may be engaged in travelling to or from the court, allowing twenty miles for a day's travel.

3. To the non-commissioned officer or other person who shall have summoned delinquents to appear before the court, one dollar and twenty-five cents for each day he may have been necessarily so employed, and the same sum for each day of his attendance on the court.

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