Penalty for neglect, &c.

Fines may

be paid on

ing.

same in the manner as heretofore provided by law in such cases, and shall receive the same fees for collection, with the additional sum of twenty cents, as costs on each dollar therefor. He shall also make return of such warrant and all moneys collected thereon to the officer issuing it, or his successors in office in the manner now provided by law regulating executions on justices' judgments, and shall have power to collect fines on any such warrant in any county where any person named on such list may be found, and such warrant may be renewed, or a new warrant issued by the officer issuing it, or his successor in office, from time to time for the space of two years from the date of the issue of the first warrant, and whenever necessary or proper, a marshal or marshals in place of those appointed, may from time to time be appointed as aforesaid.

SEC. 30. [Sec. 39.] Every marshal who shall accept such warrant, and who shall neglect or refuse to discharge or execute any duty or act, therein required, or to return the same to the commander of the regiment whenever demanded, or to pay over moneys collected thereon, to the officer issuing the same, shall for every such refusal or neglect be deemed guilty of a misdemeanor.

SEC. 31. [Sec. 40.] Every person who shall have incurred any day of hear- fine may pay the same to the officer of his regiment holding the court of appeals on the day of hearing appeals, who shall receive the same without fee or charge of any kind, and he shall enter the name of the person paying the same, and the amount paid, in a book which he shall keep for that purpose, and if the officer holding the court of appeals be a field officer appointed as aforesaid, he shall, on requisition, pay over and account for to the commandant of his regiment, all moneys received by him, and for a failure to comply, shall be subject to the penalties prescribed in the fortythird section of this act, and shall be deemed guilty of a misde

To paid.

Duty

whom

county treasurer.

Penalty.

meanor.

SEC. 32. [Sec. 41.] Such commanding officer of regiment shall pay all such moneys received by him to the county treasurers aforesaid.

of SEC. 33. [Sec. 42.] It shall be the duty of such treasurers respectively to require such commanding officer to render an account in writing, under oath, of all moneys received by him on account. of fines and of all fines imposed, at least once in each year, at such time as he shall deem proper.

SEC. 34. [Sec. 43.] Every such commanding officer, 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, and fined in a sum not to exceed one thousand dollars.

SEC. 35. [Sec. 44.] All courts of inquiry may be instituted as courts of innow provided by law, but no such court shall consist of more than quiry. three officers, who may, if approved of by the officer ordering the court, require a judge advocate to attend such court in taking testimony, and in investigating any matter that may come before such

court.

tial.

SEC. 36. [Sec. 45.] All other courts-martial for the trial of courts-marofficers, shall be ordered and conducted as provided by law; such court shall consist of three officers, two of whom shall be of the same grade as the officer to be tried.

collect fines.

SEC. 37. [Sec. 46.] The president of any court-martial, shall warrant to issue his warrant for the collection of all fines imposed by said court, directed to the sheriff of the county in which the court was held, or in which the delinquent resides, whose duty it shall be to collect such fines in the same manner as he is authorized to collect any debt upon a civil process, together with lawful costs; return shall be made by the sheriff to such president or the commandant of the brigade or division, and the officer to whom return may be made shall pay the amount collected to the county treasury, and the same shall be applied as aforesaid.

court.

SEC. 38. [Sec. 47.] The expenses of all such courts shall be al- Expenses of lowed and paid by the division board, from the commutation moneys and fines, collected in said first division on the certificate of the officer ordering such court, but no commissioned officer of said division shall receive any compensation for the performance of any duty appertaining to such court.

jutant-gene

SEC. 39. [Sec. 49.] It shall be the duty of the adjutant-general Duty of adto cause so much of the militia laws as are not inconsistent with ral. this act, together with this act, to be printed in pamphlet form, and to distribute one copy to each commissioned officer of said division, when organized in conformity to this act; and also to prepare and cause all necessary blank books, forms and notices to be transmitted from time to time as may be necessary, at the expense of this state, to carry into full effect the provisions of this act.

SEC. 40. [Sec. 50.] Nothing in this act shall be so construed as Restriction. to authorize the imprisonment of any person for the non-payment of any fine or commutation sum provided for by this act; but no

attend pa

property of the party fined now exempt from execution, shall be so exempt from the payment of his fine.

Warrant to SEC. 41. [Sec. 51.] The officers and non-commissioned staff rade or drill. Officers of each regiment, shall be warned to attend any parade or drill, in the same manner as is prescribed by law for the warning of the uniformed privates of any company, and the commanding officer of each regiment may designate and order any or all of the non-commissioned staff officers of the regiment to perform that duty, who shall make return thereof to the commanding officer, or the adjutant of the regiment, in the same manner and under the same penalties for delinquencies, as are by law imposed on non-commissioned officers of companies for similar delinquencies.

Section

to apply.

Notices, warrants, and

mons,

not

how

SEC. 42. [Sec. 52.] Section second of article first of title ten, chapter ten, part one of the Revised Statutes, shall not apply to the first division of New York state militia.(1)

SEC. 43. [Sec. 53.] All notices, warrants or summons for offisum-cers, non-commissioned officers, musicians and privates of the uniserved. formed corps to attend parade, drill, improvement meeting, or court-martial, may be served either personally or by leaving a written or printed notice, containing the substance of such notice, warrant or summons, at the dwelling-house, 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.

Privileges and exemp

SEC. 44. [Sec. 54.] To entitle any non-commissioned officer, who musician or private of any uniformed company, to the privileges entitled to. and exemptions allowed by law, every such non-commissioned

tions,

Expulsion for violation

officer, musician and private shall have attended every regimental or company parade of his corps, or paid his fine for any such delinquency, or shall have been excused therefrom by the proper authority, and shall have complied with the by-laws of his particular company or troop, in every respect, or paid the penalty for any such neglect or non-compliance with such by-laws, or shall have been excused for any such delinquency by an action of such company.

SEC. 45. [Sec. 55.] For violations of the by-laws of any such of by-laws. uniformed company, the non-commissioned officer, musician or private offending, by a vote of the company, may be expelled from the company, and upon the action of the company being confirmed in orders by the commandant of the regiment, the name of such

(1) It was provided in the acts of May 13 and December 15, 1847, (chapters 290 and 494,) and of April 10, 1849, ch. 307, that they should not apply to the first military division district.

person or persons shall be stricken from the roll of such company, and he or they shall cease to be a member or members of such company.

to apply.

SEC. 46. [Sec. 56.] So much of chapter ten of the first part of Part of R. S. the Revised Statutes, entitled "Of the militia and the public defence," as is not inconsistent with this act, shall apply to this division and the several brigades and regiments, companies or troops of uniformed militia, provided for by this act.

SEC. 47. [Sec. 57.] The military year shall commence on the first day of January in each year.

Military year.

residence

of

cate office or

SEC. 48. [Sec. 58.] Any officer, non-commissioned officer, mu- Change sician or uniformed private, who may change his residence from not to vawithin the bounds of said division into the county of Kings, or post. from within the county of Kings into the said division district, shall not thereby vacate his office or post, but he shall be held to duty in the division, brigade, regiment, troop or company to which he was attached at the time of such change of residence, and he shall be subject to duty therein, and shall be entitled to all privileges, immunities and exemptions allowed by law, and shall be liable to fines and penalties, and the collection of them in the same manner as if such change of residence had not taken place, and process for the collection of such fines and penalties may be executed in either New York, Kings or Richmond county.

engineer.

SEC. 49. [Sec. 59.] In addition to the present staff department, Division there shall be to said division, a division engineer, with rank of major; to each brigade, a brigade engineer, with the rank of captain; to each regiment, one engineer, with the rank of lieutenant, and one sergeant, and nine sappers and miners.

district.

SEC. 50. The county of Richmond is hereby created a separate Battalion battalion district, and the militia therein shall constitute a battalion; but the same shall remain a part of the first brigade and of the first division New York state militia. [1850, ch. 85, § 1.]

SEC. 51. The said battalion shall be commanded by a major, officers. who shall be elected according to law, by the commissioned officers of the battalion. The commandant shall have the power to appoint staff officers and non-commissioned staff officers according to law. [Same ch., 2.]

tion.

SEC. 52. The moneys now in the hands of the county treasurer, Commuta for fines and commutations, and hereafter to be collected in the said county, shall be applied exclusively to defraying the military ex

spectors,

how paid.

penses of said battalion. A statement of the amount of said moneys collected, and the mode and manner of disbursement thereof, verified by the commandant of the battalion, shall be filed in the adjutant-general's office yearly, between the first day of December and the first day of January succeeding in each year. [Same ch., § 3.]

SEC. 53. All the rights, privileges, powers and penalties conferred or imposed upon commandants of regiments within the first division of the militia of this state, by any of the laws of this state, shall apply to the commandant of the said battalion, and all the acts of the said commandant, shall be as valid within the bounds and limits of his command, as if he held the rank of colonel. [1851, ch., 241, § 2.]

SEC. 54. The commander in chief,, at his discretion, may orga nize the regiment of hussars now known as the third regiment, into a brigade, to be denominated the hussar brigade. [1851, ch. 166, § 1.]

SEC. 55. The said brigade shall be attached to, and form a part of the first division of the militia. All laws now in force applicable to the said division, shall apply to said brigade. [Same ch., $ 2.]

Brigade in- SEC. 56. The brigade inspectors of the militia of the city and county of New York, shall hereafter be paid for their services, to accrue from the first day of March, eighteen hundred and fifty, out of the commutation money and fines received in said city and county, such sum of money as the division board of officers shall see fit to pay. [1850, ch. 343.]

Privileges of officers and

privates.

of light ar

SEC. 57. The officers, non-commissioned officers, musicians, and uniformed privates of the fifth brigade of the militia of this state, in King's county, shall, in addition to the privileges and duties now secured and imposed by law, be entitled to the same privileges, and perform the same duties, as are now by law secured to and imposed upon the officers, non-commissioned officers, musicians, and uniformed privates in the first division of the militia of this state. [1849, ch. 412, § 1.]

A company SEC. 58. The commander in chief may organize one company tillery may of light artillery, and one troop of cavalry, in addition to those now

be formed.

allowed by law, as flank companies in each regiment of the said brigade of the militia of this state, and a sum not exceeding one dollar, may be allowed by the regimental board of officers, and paid, for each horse actually appearing at any annual parade, in any company of light artillery, or troop of cavalry in such brigade. [1849, ch. 412, § 2.]