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Sec. 5. If person holding certificate remove out of bounds of company, &c. he may conti- ART. 1.
nue to parade therein.
above rank of captain.
and to judge-advocate.
cate to administer oath to members.
pleaded not guilty.
officer ordering court.
than two, nor more than five dollars.
of them to take his body. 24. He shall make return to president of court. 35. In case a delinquent cannot be found, another warrant may be issued. 26. In executing warrant, person to proceed in same manner as under execution issued
from justice's court. 27. Keepers of jails to receive persons under such warrants. 28. Presidents of brigade courts-martial to account annually to commandant of brigade,
and to pay over money. 29. Monies how appropriated. $ 1. The infantry of the city and county of New-York shall parade To parado three times in each year, once by companies, and twice by regiments year. or separate battalions, one of which parades shall be ordered for inspection and review by the commandant of the brigade, and the remaining parades by the commandants of the respective regiments or separate battalions, at such times as they may think proper.o
$ 2. The officers and non-commissioned officers shall meet for mi- Officeri litary improvement, not less than eight times in each year, at such mastings: hours of the day as may be directed for that purpose ; three of the meetings to be ordered by the commandant of brigade, and the residue by the commandants of regiments or separate battalions. The names of all persons who shall absent themselves from any such meeting, without such excuse as the officer ordering the same shall deem sufficient, shall be reported by the brigade inspector or the adjutant, as the case may require, to the president of the brigade courtmartial, within thirty days after such meeting.
S 3. The first, second and third sections of the ninth Title of this Certain sec Chapter, shall extend to the privates as well as the non-commissioned ceding Title;
(9) Laws of 1824, p. 331, § 3 ; 1825, p. 413, § 5 & 6.
ns of pre
to apply to New-York
TITLE 10. officers of every company of infantry in the city of New-York; but
such non-commissioned officers and privates, to entitle themselves to korterite the privileges specified in those se
the privileges specified in those sections, shall parade uniformed and equipped as therein mentioned, at all parades directed by law, and also at five additional parades in each year, to be directed by the commandant of the regiment to which such company may belong, at such times and in such manner as he may deem best adapted to their
improvement in military tactics. Certificate. S 4. The certificate to be granted to such non-commissioned offi
cers and privates, shall conform to the provisions contained in the
preceding section. Romoval of $5. If any non-commissioned officer or private holding such a cering certifi- tificate, shall remove out of the bounds of his company, battalion, or
regiment, but not out of the city of New-York, he may continue to parade with the company in which he was first enrolled; unless excused by the commanding officer of such company, or unless he shall be transferred to another company or regiment, by the direction, or with the consent, of the commanding officer of the regiment to which
such company belonged. Notices, &c. $ 6. All notices, warrants or summonses to attend any parade, im
provement meeting, or court-martial in the city and county of NewYork, may be served, by leaving a written or printed notice, containing the substance of such notice, warrant, or summons, at the store, counting-house, or usual place of business of the person to be notified, warned, or summoned, with some person of suitable age and discretion; and every such person shall be held to duty in the beat in which he may have been so notified for any parade, unless he shall have been duly notified in the beat in which he actually resided.
S 7. The commandant of each brigade shall, on or before the first day of June in every year, appoint a brigade court-martial, to serve also as a court of inquiry, to consist of three commissioned officers; except when a captain or subaltern is to be tried, in which case such commandant shall appoint two additional commissioned officers to be members of the court, and he shall also detail five supernumeraries to act in case the number of the ordinary members shall be reduced, by challenge or otherwise, below five.
$ 8. Such court-martial shall have the trial of all offences and delinquencies within the limits of the brigade, which may be brought to trial within the year ending on the thirty-first day of May then next, except for offences and delinquencies of officers above the rank
of captain. Vacancy S9. The officer ordering such court shall have power to supply
any vacancy which may happen therein.
Duty of com
S 10. The commandant of brigade appointing any court-martial, ART. 1.. shall forthwith deliver over all returns of delinquencies that shall come to his or his adjutant's hands, to the president of such court-mar-mandant of tial, or to the brigade-judge-advocate.
S 11. Every such court-martial shall assemble once at least in When cour: every year, at such place as the commandant of the brigade shall from time to time direct; and on its first assembling, the brigade-judge-advocate, and in case of there being no brigade-judge-advocate, qualified to act as such, then such judge-advocate as the commandant of the brigade shall appoint for the time being, shall administer to each member of the court then appearing, and afterwards to such other members of the court as may thereafter appear, the oath prescribed in the ninth section of the sixth Title of this Chapter.
S 12. The president of every such court-martial shall appoint a Marshal, marshal for said court, which appointment may be made either before or after the president shall have been sworn.
$ 13. He shall direct such marshal to summon all delinquents and His duty. parties accused, to appear before the court at the time and place by him in orders appointed ; and such marshal shall make the like return, and with the like effect, as commissioned and non-commissioned officers are authorised and required to make in cases of warning to a company or regimental parade, and shall be subject to the like penalties for neglect of duty.
S 14. The brigade-judge-advocate may issue summonses, subpæ- Summons, nas, and all other needful process, under his official signature; and &c. the same shall be as effectual as if issued by the president of the court.
$ 15. Every person who shall, after having been duly notified or Persons not summoned, refuse or neglect to appear before the court, may be proceeded against as if he was personally present, and had pleaded not guilty.
S 16. Every such court-martial, on the application of any delin- Default when quent, fined by default for not appearing, who shall make satisfactory excuse to the court for his default, may re-consider his case ; and on sufficient cause being shown, may remit the fine, penalty or, forfeiture, or direct the same to be repaid if collected.
$ 17. No sentence of any such court-martial upon any commis- Approval of sioned officer shall be carried into effect, until such sentence shall be approved by the officer ordering the court.
$ 18. From the sentence of every such court-martial, imposing a Appeal. fine for any delinquency, an appeal, if made within twenty days, shall be allowed to the commandant of the brigade.
TITLE 10 S 19. Every officer who shall absent himself without sufficient ex
cuse, from any parade prescribed by law, may be punished by fine, Penalty for
not exceeding twenty-five dollars for each parade.
S 20. Every commissioned and non-commissioned officer who shall absent himself from any of the improvement meetings, mentioned in the second section of this Article, without such excuse as the officer ordering the meeting shall deem sufficient, may be punished by fine
of not less than two nor more than five dollars for every such offence. Fines to be S 21. All fines imposed by any such court-martial, shall be re
ported by the president of the court within thirty days after they shall be imposed, to the commandant of the brigade by whom the court
shall have been ordered. List of per- $ 22. For the purpose of collecting such fines, the president of the and warrant. court shall, within thirty days after such fines shall have been impos
ed, make a list of all persons fined by such court-martial, and who shall not have paid their fines, designating there in the number of the street or ward in which each delinquent resides, and the amount of the fine or fines imposed upon him; and he shall also draw his warrant under his hand and seal, directed to any constable or marshal of the city and county, or other special deputy that may be appointed
for that purpose by such court-martial. of S 23. The warrant shall command the person to whom it may be
directed, to levy the fine or fines of each delinquent, together with the fees for collecting the same, of the goods and chattels of such delinquent; 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 such fees, of the goods and chattels of such father or mother, master or mistress, as the case may be ; and for want of goods and chattels whereon to levy, to take the body of such delinquent, and him to deliver to the keeper of the jail in said city and county.
S 24. The person to whom such warrant shall be directed, shall return it to the president of the court-martial in forty days, with a return of his proceedings thereon ; and shall, on or before the expiration of the time limited for the return of the warrant, account to the president or his successor, under oath, and pay to him or his successor, all monies he may have collected or received in virtue thereof.
$ 25. In case he shall return any of the delinquents not found, it shall be lawful for such president, or his successor, in like manner, to issue another and a further warrant against such delinquents so, from time to time, returned not found, until the whole of the fines shall have been collected, or the bodies of the delinquents taken.
Contents of warrint.
Return of warrant.
New war. tant.
$ 26. The person to whom any such warrant shall be delivered, ART. 2. in executing the same, shall proceed in the same manner, be entitled to the same fees, and be subject to the same penalties, as in cases of fees of offiexecution issued out of the marine court, in the said city.
$ 27. The keeper of the jail in said city and county, shall receive Duty of jailer the body of every person committed under any such warrant, and shall keep him closely confined in such jail, without bail or mainprize, until the fine or fines, for which he shall have been committed, together with the fees for executing the warrant, and the jailėr's fees, shall be paid ; but the jailer shall set at liberty every such person after he shall have been so confined ten days.
$ 28. The president of every brigade court-martial shall annually, Presidents of on the first Monday in March, and oftener if required, account upon tial to acoath, and pay over to the commandant of the brigade who shall have ordered the said court, and to the commandants of regiments or separate battalions, within his brigade, who are hereby constituted a board of officers for that purpose, or to a treasurer by them to be appointed, all the monies which he may receive as aforesaid.
S 29. Such monies shall be appropriated by the board,
1. To the payment for room hire and stationary, and for the compensation allowed to the brigade inspector, brigade judge-advocate, and members of the courts-martial and courts of inquiry of the brigade, and the marshals appointed by such courts respectively.
2. To the purchase and repair of colours and instruments of music; the payment, instruction, and equipment of musicians; the printing of orders and notices, and such other military purposes as shall be directed and allowed by the board of officers.
Monies how applied.
ARTICLE SECOND. Of the First and Sixth Brigades of New-York State Artillery. Sec. 30. First and sixth brigades of New-York state artillery, to use same weapons, &c. in
use at passing of this act. 31. Such weapons, &c. and every horse enrolled for service, exempt from execution. 32. Officers of said brigades exempt from military duty after six years' service. 33. Non-commissioned officers, &c. shall be exempt after seven years' service. 34. Persons serving in such brigades, entitled to a reduction of 500 dollars, from the as
sessment upon their property. 35. Officers, &c. in light artillery of said brigades, entitled to a like reduction of one
thousand dollars. 36. Officers, &c. of such brigades, during service therein, exempt from jury duty. 37. Regiments of said brigades shall be ordered out for exercise, not less than eight,
nor more than twelve times annually. 33. Officers of said brigades to be exercised four times, and non-commissioned officers
twice, annually. 39. Commandant of each regiment to receive from state military stores, powder, &o.
for exercise of his regiment. 40. To be a review for the inspection of brigades on 20 Tuesday of October annually. 41. Light artillery annexed to regiments in these brigades, may be ordered ont not lew's
than eight, nor more than twelve times annually. 42. Officers, &c. how warned to appear at parade. 43. In cases of invasion, &c. written notices not necessary, VOL. K