SEC. 5. If person holding certificate remove out of bounds of company, &c. he may continue to parade therein. 6. How notices, &c. served in New-York. 7. Commandants of brigades to appoint brigade courts-martial annually; of whom to 8. They shall have trial of all delinquencies in brigade, except in cases of officers 9. Officer ordering court may supply vacancies. 10. Commandant of brigade to deliver returns of delinquencies to president of court, and to judge-advocate. 11. Court to assemble annually, as commandant of brigade shall direct; judge-advo- 12. President of court to appoint a marshal. 13. Marshal to summon delinquents, and to make return. 14. Judge-advocate may issue summons, &c. 15. Persons notified and not appearing, to be proceeded against as if present, and had 16. Court may open a default taken against a party delinquent. 17. Sentence against a commissioned officer not to be executed until approved of by 18. Appeal allowed from sentence for delinquency, to commandant of brigade. 20. Officers absenting themselves from improvement meetings, to be fined not less 21. Fines imposed by court, to be reported by president to commandant of brigade. 23. The officer to whom directed, to levy fine of goods, &c. of delinquent, or for want 24. He shall make return to president of court. 25. 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. ART. 1. three times a 51. The infantry of the city and county of New-York shall parade To parade 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.9 $ 2. The officers and non-commissioned officers shall meet for mi- Officers' litary improvement, not less than eight times in each year, at such meetings: 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. tions of pre 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. to apply to 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 New-York 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. Romoval of persons holding certifi cate. Notices, &c. how served. Brigade court-martiak Vacancy. $4. The certificate to be granted to such non-commissioned officers and privates, shall conform to the provisions contained in the preceding section. $ 5. If any non-commissioned officer or private holding such a certificate, 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. § 6. All notices, warrants or summonses to attend any parade, improvement 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. $ 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. $9. The officer ordering such court shall have power to supply any vacancy which may happen therein. $10. The commandant of brigade appointing any court-martial, ART. 1. shall forthwith deliver over all returns of delinquencies that shall Duty of comcome to his or his adjutant's hands, to the president of such court-mar- mandant of tial, or to the brigade-judge-advocate. brigade. to assemble. S 11. Every such court-martial shall assemble once at least in When cours 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. $12. The president of every such court-martial shall appoint a Marshalmarshal 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. subpoenas, S 14. The brigade-judge-advocate may issue summonses, subpœ- 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. appearing. $ 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. opened. S 16. Every such court-martial, on the application of any delin- Default where 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. sentence. 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. Penalty for absence. Ib. Fines to be reported. List of persons fined, $ 19. Every officer who shall absent himself without sufficient excuse, from any parade prescribed by law, may be punished by fine, not exceeding twenty-five dollars for each parade. $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 $ 21. All fines imposed by any such court-martial, shall be reported 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. $ 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 imposed, make a list of all persons fined by such court-martial, and who shall not have paid their fines, designating therein 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. Contents of warrant. Return of warrant. New war. rant. $ 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. $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 expira tion 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. ART. 2. $ 26. The person to whom any such warrant shall be delivered, 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. Duty and cers. S 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 jailer's fees, shall be paid; but the jailer shall set at liberty every such person after he shall have been so confined ten days. courts mar count. $ 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 ac oath, 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. $ 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. ARTICLE SECOND. Of the First and Sixth Brigades of New-York State Artillery. 31. Such weapons, &c. and every horse enrolled for service, exempt from execution. 35. Officers, &c. in light artillery of said brigades, entitled to a like reduction of one 36. Officers, &c. of such brigades, during service therein, exempt from jury duty. 38. Officers of said brigades to be exercised four times, and non-commissioned officers 39. Commandant of each regiment to receive from state military stores, powder, &c. 40. To be a review for the inspection of brigades on 2d Tuesday of October annually. 42. Officers, &c. how warned to appear at parade. 43. In cases of invasion, &c. written notices not necessary. Monies how applied. |