TITLE 10 SEC. 44. Commandants of companies when required to make a return of persons absent from Weapons. Exemptions from execu tion. Officers when exempt. Non-commis sioned oth vates when parade. 45. Brigade inspector to make return of officers, &c. present at inspection. 46. Commandants of regiments to make return of officers, &c. absent from inspection. 47. Brigade courts-martial have power to prescribe or alter forms of returns of delinquencies. 48. When they prescribe or alter forms, notice to be published in orders. 49. Commandant of brigade to appoint brigade court-martial annually; constitution of court. 50. It shall have the trial of all delinquencies in brigade, except those of officers above the rank of captain. 51. Provisions of first Article of this Title, from section nine to eighteen, inclusive, to apply to courts-martial of said brigades of artillery. 52. Punishments, penalties and fines for not conforming to the provisions of this Article 53. Fines imposed by brigade court-martial, how collected. 54. How disposed of when collected. 55. President and judge-advocate to receive two dollars per day; members not to receive any thing. 56. When officer is convicted upon charges preferred against him, to pay costs; if ac- 57. Last section not to extend to arrests made by commandants of brigades, &c. 59. How such monies expended and applied. 60. Brigade inspectors to keep a roster of officers in their brigade below the rank of major. 61. Officers and privates of any company of artillery, not in New-York, their privileges and exemptions. $30. The several companies and regiments composing the first and sixth brigades of New-York state artillery, may use the same weapons, accoutrements, and other equipments, with which they are provided at the passing of this act, until otherwise directed by the commander in chief. $31. Such weapons, accoutrements, and other equipments, together with every horse, actually enrolled for service, and belonging to any member or members of these brigades, shall be exempt from seizure by execution. $32. Every officer in such brigades, who shall hereafter resign his commission, if the resignation thereof be accepted by the proper authorities, shall, provided he has served faithfully in any capacity in his brigade, for the period of six years, be thereafter exempt from all military duty in this state, except in cases of insurrection or invasion; and shall in no case be compelled to serve in a grade inferior to that which he shall have previously held. $33. Every non-commissioned officer, musician or private, now cers and pri- belonging to, or who shall hereafter belong to any regiment of such brigades, and shall serve faithfully therein, for the period of seven years, shall thereafter be exempt from military duty in this state, except in cases of insurrection or invasion. exempt. Reduction in taxes. $34. Every officer, non-commissioned officer, musician and pri vate actually and faithfully serving in such brigades, shall be entitled to a reduction of five hundred dollars, from the amount assessed upon him by the assessors, as the value of his property, and the residue ART. 2. shall be the sum for which he shall be assessed. taxes. $35. Every officer, non-commissioned officer, musician and pri- Reduction in vate, in any troop or company of light artillery in either of the brigades, shall be entitled to a similar reduction, to the amount of one thousand dollars. from juries. $36. Every officer, non-commissioned officer, musician and pri- Exemption vate, actually and faithfully serving in such brigades, shall, during such service, be exempt from serving upon any grand or petit jury within this state; but the court before whom such exemption shall be claimed, shall not receive any certificate as conclusive, but shall examine into the fact of such service. how often to $37. Each regiment in these brigades shall be ordered out for ex- Regiments ercise by the commandant thereof, at least eight, and not exceeding be ordered twelve times in each year; of which parades so many shall be by brigades as the commandants of brigades shall respectively direct, out. exercised. $38. The commandants of these brigades shall exercise the offi- Officers to be cers of their respective brigades, for their military improvement, at least four times in each year; and the respective commandants of regiments, shall exercise their commissioned and non-commissioned officers at least twice in every year. stores. $39. The commandant of each regiment shall be entitled to re- Military ceive, from the military stores of this state, as much powder, ball, and other munitions, as the commander in chief may think proper, for the purpose of better enabling such officers to exercise and improve their respective regiments. review. $40. There shall be a review for the inspection of the brigades, Inspection on the second Tuesday of October, in each year, or as soon thereafter as possible; and the commandant of each brigade, and the staff officers thereof, shall attend such review. lery may be $ 41. The troops of light artillery annexed to regiments in these Light arte. brigades, may be ordered out for exercise by the commandants of the ordered out. regiments to which they are respectively annexed, at least eight and not more than twelve times in each year, including in the number every regimental parade which they may be ordered to attend; and in addition to their other equipments, may be armed with rifles, carbines, or lances, as such troops shall elect. warned. $42. Officers, non-commissioned officers, musicians and privates, Officers how shall be warned to appear at all parades and places of rendezvous, in the manner prescribed in the fifth Title of this Chapter, except that commissioned officers shall be warned by the sergeant-majors of their respective regiments, who shall make their returns to the adjutant or TITLE 10. colonel, in the same manner, and with the like effect, as is provided in said Title in respect to company returns. Verbal or ders, when sufficient. Return of deJinquents. Return of inspection. Return of delinquents. Forms of returns. Alterations therein. Brigada court-martial. Power there of $43. In cases of invasion, tumult, and insurrection, it shall not be necessary for commandants of companies to issue written orders or notices for calling out their men; but verbal orders and notices shall be sufficient. $ 44. Every commandant of a company shall, when thereunto required by the commandant of the regiment to which he belongs, make a just and true return of every person absent from any parade or rendezvous. $45. The brigade inspector, or person acting as such, shall make a just and true return of the officers, non-commissioned officers, musicians and privates, present at every parade for inspection and review attended by him, together with the state of their arms and equip ments. $ 46. It shall be the duty of the commandant of each regiment, to make a just and true return of the name of every officer, non-commissioned officer, musician and private, absent from such review for inspection, to the president or judge-advocate of the brigade courtmartial. $47. The brigade court-martial shall have power to prescribe, and from time to time to alter the forms of returns of delinquencies to be made by commandants of regiments and companies, and also to prescribe or alter the forms of returns made by non-commissioned officers, of persons warned by them to appear on parade. $48. Whenever such court-martial shall prescribe or alter the form of any return, notice thereof shall be published in orders; after which, such returns shall be made in the form directed by the court. $49. The commandant of each brigade shall, on or before the first day of June in each year, appoint a brigade court-martial, to serve also as a brigade court of inquiry, to consist of five commissioned officers, at least one of whom shall be a field officer, and president thereof, and any three of whom, including such president, may make a quorum, except when a captain or subaltern is tried, in which case five members shall be present; and the commandant shall also detail five supernumeraries, to act in case the number of the ordinary members shall be reduced by challenge or otherwise below five. $50. Each court-martial shall have the trial of all offences and delinquencies in its brigade, which may be brought to trial within the year ending on the thirty-first day of May, then next; except such offences and delinquencies of officers above the rank of captain, as are not provided for in the fifty-second section of this Article. $51. The provisions of the first Article of this Title, from section nine to section eighteen, both inclusive, shall apply to the courtsmartial of said brigades of artillery. ART. 2. Former Arti cle of this Title extended. fines. $52. The following punishments, penalties and fines, shall be in- Penalties and curred and imposed, for not conforming to the provisions of this Article, unless a satisfactory excuse be produced to the court-martial. 1. Every commissioned officer who shall neglect to appear and do duty, in the complete uniform and equipments of his corps, at any parade for exercise, when thereunto duly notified, shall forfeit and pay a penalty not exceeding ten dollars for every such neglect. 2. Every non-commissioned officer, musician and private, who shall so neglect to appear, shall forfeit and pay a penalty not exceeding five dollars for every such neglect. 3. Every commissioned officer absenting himself from any meeting for improvement, shall forfeit and pay a penalty of three dollars for every such neglect. 4. Every non-commissioned officer, who shall neglect to execute any warrant or order to him directed, or to return such warrant; or shall make a false return thereof; or shall neglect or refuse to appear at the place of rendezvous mentioned in such warrant; or neglect or refuse to summon any delinquent to appear before any courtmartial, when thereunto required by a summons from the president; or shall neglect to return any such summons, in his own proper persen, before such court-martial; shall forfeit and pay for every such offence, a fine not less than five, nor more than twenty-five dollars. 5. Every commissioned officer, for disobedience of orders, neglect of duty, unofficer-like conduct and behaviour, or disrespect to a superior officer; or for neglect to furnish himself with a uniform and sidearms, within six months after he receives his commission; shall be arrested and brought to trial before a court-martial, who may, on conviction, sentence him to be cashiered, and may impose a fine not exceeding ninety-five dollars, or may sentence him to any part of said punishment or penalties, or to be reprimanded or suspended, as the said court-martial shall think proper. 6. Every non-commissioned officer, for neglecting or refusing to act as such when duly appointed, shall be sentenced to pay a fine, not exceeding twenty, nor less than five dollars. 7. Every non-commissioned officer, musician or private, who shall, on any day of parade, neglect or refuse to obey the orders of his superior officers, or to perform such military duty or exercise as may be required, or shall depart from his colours, post or guard, or leave the ranks without permission, shall be sentenced to pay a fine not exceeding twenty-five, nor less than two dollars. $ 53. All fines imposed by the brigade court-martial, shall be col- Fines how lected in the manner prescribed in the first Article of this Title; ex collected. TITLE 10. cept that the president of the court shall, within sixty days after any fines have been imposed, issue his warrant for their collection, directed to the keeper of the jail in the city and county, or in the county in which the delinquent shall reside; and except also, that the jailer shall set at liberty, any person confined by virtue of such warrant, after he shall have been in close confinement for fifteen days. How applied. Compensa tion of members of court. Costs of prosocution. Last section qualified. Command ants to account for monies. Those mo plied. $ 54. All such fines, when collected, after deducting the pay of the president and judge-advocate, and of the marshal, constable, or special deputy, and all necessary expense for room hire, stationary and printing, shall be divided amongst, and paid to, the several commandants of regiments and separate battalions, in the brigade in which such fines shall have been collected, in proportion to the whole amount of fines collected from said regiments and separate battalions, respectively; but in such a manner, that the expenses incurred in and about the trial of delinquencies, and other offences, returned from each regiment, or arising therein, shall be defrayed out of the fines which may have been, or may be afterwards collected therefrom, as far as the same may go. $ 55. The president of the court, and the judge-advocate, shall each be entitled to two dollars per day, while on actual duty; and none of the other members of the court, shall be paid for their services; but it shall, nevertheless, be their duty to attend the said court. § 56. When any officer, arrested upon charges preferred against him, shall be convicted, he shall pay the costs of the prosecution; and if he be acquitted, the court shall have power, in its discretion, to direct the costs to be paid by the prosecutor, or person preferring such charges; and the president shall issue his warrant for the col lection thereof, in the same manner as for the collection of a fine. $57. The last preceding section shall not extend to any arrest made by the commandant of the brigade, or the commandant of any regiment or separate battalion therein, on charges preferred by the of ficer arresting. § 58. The commandants of regiments and separate battalions, shall, on the first Tuesday in May, in each year, render an account, on oath, of all the monies by them respectively received and expended, to the commandant of their brigade. $ 59. They shall apply and expend such monies toward the paynics how up- ment of regimental expenses, as has been heretofore customary; and if any balance shall remain in their hands, upon the rendering of such account, unexpended or unappropriated, they shall pay the same to the commandant of their brigade, to be by him applied towards paying the expenses of the brigade. |