TITLE 8.

Charge on

fines.

Fees of mar. shals, &c.

Ib.

Accounts un

cle.

$45. No other sums or expenses whatever, shall be charged on the fines received by the president of any such court; but the president, members and officers shall defray their expenses out of the fees allowed to them respectively.

$ 46. Each marshal or constable to whom a warrant for the collection of fines may be directed, shall be entitled to the same fees, and be subject to the same penalties for any neglect, as are allowed and provided for, on executions issued out of justices' courts.

$47. For all other services and commitments under this Chapter, the sheriff, jailer, marshals and constables executing the same, shall be entitled to the like fees as for similar services in other cases.

$48. The accounts of all persons who, under this Article, are ender this Arti- titled to be paid out of the treasury, shall be audited by the comptroller, and of all persons who are entitled to be paid out of the fines imposed by a regimental or battalion court-martial, by the officer ordering the court.

Duty of

$ 49. The comptroller, on the application of the governor, may comptroller. draw his warrant on the treasurer, for such sums of money as may be requisite in the execution of the provisions of this Chapter; and may require the chief of each staff department to account quarterly, for all monies received by him for purposes connected with his department.

To keep ros

ter.

TITLE VIII.

OF THE DUTIES OF CERTAIN STAFF OFFICERS, AND OF VARIOUS MAT-
TERS CONNECTED WITH THEIR RESPECTIVE DÉPARTMENTS.

ART. 1.-Of the adjutant-general.
ART. 2. Of the commissary-general.

ARTICLE FIRST.

Of the Adjutant-General.

SEC. 1. Adjutant-general to keep a roster of all officers above rank of captain.

2. He shall also enter in a book a local description of the several regiments, &c.

3. Commandants of divisions, &c. to furnish him with roster of officers.

4. Books required by him, to be furnished at expense of state.

5. Brigade-inspectors to transmit copy of inspection return annually to him.

6. Division-inspector to transmit return annually to him, and to commandant of division. 7. Seal of office. Certified copies of papers, evidence.

8. To cause this Chapter to be printed and distributed.

$1. The adjutant-general shall keep a roster of all the officers of the militia of this state above the rank of captain, containing the date of their commissions, their rank, the corps to which they belong, the division, brigade, and regiment of such corps, and the places of their residence, as accurately as can be ascertained, which roster shall be revised and corrected every year.

a

$2. He shall also enter in a book to be kept for that purpose, local description of the several regiments, brigades and divisions of, infantry, artillery and riflemen.

ART. 2.

Local de

scription.

mandants of

brigades.

$ 3. It shall be the duty of the commandants of divisions and bri- Duty of comgades, to furnish the adjutant-general with a roster of their officers, divisions and containing the facts requisite to enable him to comply with the provisions of this Article, and also a description of the regiments and brigades.

S4. The books required by the adjutant-general to comply with Books. this Article, shall be furnished him at the expense of this state, and

gade inspec

$5. It shall be the duty of the brigade-inspectors to transmit a Duty of bricopy of the inspection return, annually, to the adjutant-general, and tors. a duplicate of the same to the division inspector, within thirty days after the inspection shall be made.

$6. It shall be the duty of the division inspector to make and Division in transmit a division return to the adjutant-general, for the commander spectors. in chief, and also to the officer commanding the division, annually.

$7. The seal now used in the office of the adjutant-general shall Seal of office continue to be the seal of his office, and shall, from time to time, be delivered to his successor in office; and all copies of records or papers in his office, duly certified and authenticated under the said seal, shall be evidence in all cases, in like manner as if the originals were produced.

Chapter.

$ 8. It shall be the duty of the adjutant-general to cause this Chap- Pamphlet ter to be printed in a pamphlet form, and to distribute one copy to copies of this each commissioned officer; and it shall be the duty of such officer to deliver over the same to his successor in office, and the comptroller is hereby directed to draw his warrant on the treasurer for the expense of printing such pamphlets.

ARTICLE SECOND.

Of the Commissary-General.

SEC. 9. Commissary-general to keep arsenals and magazines in repair, &c.

10. To sell out of arsenals, equipments for militia, at first cost.

11. He shall dispose, to the best advantage, of all damaged powder, &c.

12. He shall render account of sales made by him, and to pay amount thereof.

13. To furnish colours, music, &c. upon certificate of commandant of brigade, with approbation of commander in chief.

14. He shall issue powder and ball to artillery companies, for practice: commandants of companies to report.

15. He shall report annually to commander in chief, who shall transmit report to legislature.

16. To keep account of the expenses of his department: comptroller to audit it.

senals, &c.

§ 9. The commissary-general shall keep in good repair, the arse- To keep arnals and magazines of the state, and attend to the due preservation in repair.

TITLE 8. and safe keeping, cleaning and repairing of the ordnance, arms, ac

To sell artirles from ar

senals.

Damaged powder and

arms.

Account of sales.

Colours, &c. to be furnished.

Powder and ball to artillery.

Annual re

port.

Account of expenses.

coutrements, ammunition, munitions of war, and implements of every description, the property of this state; and he shall at all times have he control and disposition of the same, for that purpose.

$10. He shall sell out of the public arsenals, to any citizen of this state, belonging to the militia, who shall procure a certificate from the commandant of the company to which such person belongs, of his actual residence within the limits of, and of his enrolment in, such company, a good musket and bayonet, with the necessary equipments; or a rifle, pistols, sword, or knapsack, at the price which the same may have cost the state.

$ 11. He shall dispose, to the best advantage, of all damaged powder, and of all arms, ammunition, accoutrements, tools, implements, and warlike stores of every kind whatsoever, that shall be deemed unsuitable for the use of the state.

S 12. He shall, from time to time, render a just and true account of all sales made by him, with all convenient speed, to the governor, and shall pay the proceeds of such sales into the treasury.

$ 13. Whenever the commanding officer of a brigade shall certify that a stand of colours, or any drums, fifes or bugles, are necessary for any battalion in his brigade, the commissary-general, with the approbation of the commander in chief, shall furnish such battalion with a stand of colours, and a sufficiency of drums, fifes and bugles, at the expense of the state; but no such colours, drums, fifes or bugles, shall be furnished to any brigade at an expense greater than the sum that shall have been theretofore actually paid into the treasury, for fines, in such brigade.

$ 14. The commissary-general shall issue the usual allowance of powder and balls to artillery companies, for practice; and the several commandants of artillery companies shall annually report to the commissary-general, the situation and state of the pieces of ordnance, arms, implements, and accoutrements, the property of the state, entrusted to their charge respectively.

S15. The commissary-general shall report annually, to the commander in chief, whose duty it shall be to transmit the same to the legislature, a true and particular statement, shewing the actual situation and disposition of all the ordnance, arms, ammunition, and other munitions of war, property, and things, which in any wise appertain to, or respect, the department confided to his keeping.

$16. He shall keep a just and true account of all the expenses necessarily incurred in and about his department, and once, at least, in every six months, deliver the same to the comptroller, who shall

thereupon examine and audit the same; and he shall draw his warrant TITLE 9. on the treasurer, for such sum as he shall audit and certify to be due.

TITLE IX.

MISCELLANEOUS PROVISIONS OF A GENERAL NATURE.

Sec. 1. If non-commissioned officers of infantry equip themselves in a certain way, and de
duty for seven years, to be exempt from military duty.

2. When non-commissioned officers appear so equipped, commandant of company to
give certificate thereof.

3. At the last parade in each year, he shall endorse on certificate that such non-com-
missioned officer has so paraded.

4. Non-commissioned officers and musicians equipped and doing duty, entitled to a
deduction from highway labor.

5. Non-commissioned officers, &c. of uniform companies, exempt from jury duty.
6. Any officer prosecuted for acts done by him as such, may give special matter in
evidence under general issue; if he succeed, to recover treble costs.

7. Provisions of this and preceding Titles, to extend to militia in different parts of the
state.

sioned ofli

ry, when to

$1. Whenever the non-commissioned officers of any company of Non-commis infantry, shall, in addition to the equipments required by law, uniform cers of infantand equip themselves in the manner following, that is to say: With be exempt. an infantry cap, or with the plate and feather heretofore in use in the city of New-York; a tight-bodied blue coat, with yellow or white metal buttons; a white vest and pantaloons, and black gaiters, or half boots; and shall parade, so uniformed and equipped, for the space of seven years then next following, sickness, or unavoidable accidents, or absence excepted, at all the parades directed by law; and shall also perform all such military duties, as may be lawfully required of them; such non-commissioned officers shall, from thenceforth, be excused from military duty, except in cases of insurrection or invasion, or except when called into actual service.s

be given.

$ 2. Whenever the non-commissioned officers of any such compa- Certificate to ny, shall appear upon parade, so uniformed and equipped, the commandant of the company shall deliver to every non-commissioned officer belonging to such company, and so appearing at such parade, a certificate in writing, stating that the person therein named, is uniformed and equipped in the manner mentioned in the preceding section, and has so appeared upon parade. Such certificate shall also state, that if the person therein named shall continue to appear at all the parades required by the preceding section, for the space of seven years then next following, sickness and unavoidable accidents, or absence excepted; and if he shall perform all such military duties as may be lawfully required of him, that then he shall from thenceforth be excused from military duty, as above mentioned.

$3. The commandant of the company shall, at the last parade in Endorsement every year, or as soon thereafter as may be convenient, endorse upon

(8) Laws of 1824, p. 331, § 2.

to be thereon.

TITLE 10. such certificate, that the person therein named has paraded, in conformity to the first section of this Title, (if such be the fact, and not otherwise ;) and such certificate shall, at the expiration of the said seven years, be countersigned by the commanding officer of the regiment, and be conclusive evidence of the services therein mentioned.

Deduction from highway tax.

Exemption from juries.

Suits against officers.

Application

of this Chap

ter.

$ 4. Every non-commissioned officer and musician, who shall produce to the overseer of highways, or person authorised to receive commutations for highway taxes, a certificate from the commandant of his company, of his being equipped, and having done military duty, as required by law, for the preceding year, shall be entitled to a deduction from his labor on the highways, or from his commutation for such labor, of two days.

$ 5. Every non-commissioned officer, musician or private, of any uniform company, or troop, who shall produce a certificate, dated within three months of the time of its production, signed by his commandant, that he belongs to such company, or troop, and is equipped and uniformed, according to law, shall be exempted from serving on any jury within this state; and such certificate shall be sufficient evidence of his right to such exemption.

$6. Whenever any officer of the militia, or any person acting under his command, shall be prosecuted for any act done by him as such, he may plead the general issue, and give the special matter in evidence; and in case the plaintiff shall be non-prossed, or non-suited, or have a verdict or judgment against him, the defendant shall recover treble costs.

$7. The general provisions of this Title, and of the preceding Titles of this Chapter, shall be construed to extend to the militia, and the different corps thereof, in all parts of the state, except where special provisions, inconsistent therewith, in relation to any portion of such militia, or its different corps, are, or shall be made.

TITLE X.

SPECIAL PROVISIONS.

ART. 1. Of the infantry of the city and county of New-York.
ART. 2. Of the first and sixth brigades of New-York state artillery.
ART. 3. Of the first brigade of light artillery.

ART. 4.-Other special provisions.

ARTICLE FIRST.

Of the Infantry of the City and County of New-York.

SEC. 1. Infantry in New-York to parade three times a year.

2. The officers and non-commissioned officers to meet not less than 8 times a year. 3. The 1st, 2d and 3d sections of Title IX. to extend to privates as well as non-com missioned officers in infantry companies in New-York.

4. Certificate to conform to provisions of preceding section.