DOCUMENTS. GENERAL ORDERS. ( No. 1.) REGULATIONS. STATE OF NEW-YORK, Head Quarters, Albany, July 1st, 1845. The Commander-in-Chief hereby establishes the following Regulations for a loan of arms to and for the use of uniformed companies of the militia of the State, under section 1st of the act, chapter 69th, of the laws of 1845: 1st. The application shall in all cases be made by the captain or officer in command of the company for the use of which the loan of arms is asked, and shall state the number of commissioned officers, non-commissioned officers, musicians and privates belonging to the company, and uniformed and equipped according to law, except the arms and equipments proposed to be loaned for their use from the State; the location of the company, its usual place of company parade, and the regiment, brigade, and division to which the company belongs or is attached, and whether it be a company of cavalry, artillery, infantry or riflemen; the armory or place provided for the deposite or safe keeping of the arms and equipments when not in actual use, with such a description of it as will enable the Adjutant-General or the Commander-in-Chief to judge of its security and safety as an armory; and the officer making the application shall certify, on honor, that the facts stated in it are truly stated, and shall sign it officially. 2d. The application shalt be submitted to the colonel or commanding officer of the regiment to which the company belongs, or is attached, and shall be approved by him, by his official approbation in writing, to accompany the application. 3d. The application shall also be accompanied by an official certificate from the brigade major and inspector of the brigade to which the company belongs, that from evidence laid before him, or from his own actual inspection, as the case may be, he is satisfied that the company has the number of men required by the law to constitute a legal company, uniformed and equipped as the law requires, with the exception of the arms and equipments proposed to be loaned from the State, and that if the loan of arms and equipments be obtained, the company will be organized under circumstances and prospects favorable to the public militia service of the State. 4th. The above pre-requisites having been complied with, the Adjutant-General will prepare and deliver to the applicant a bond in the form prescribed by the Commander-in-Chief, to which bond there must be at least two sureties, residents of the same county with the applicant, freeholders, and worth at least a sum equal to the penalty of the bond over and above all debts due and owing from them. The bond must be executed by the principal and sureties in the presence of a witness, who must sign his name as a witness to it, and the execution thereof shall be proved or acknowledged before an officer authorized to take the proof and acknowledgments of deeds, whose official certificate of such proof or acknowledgment shall be endorsed upon such bond. 5th. When the bond is returned, properly executed, the AdjutantGeneral will enter the proper order for the loan of the arms and equipments for which the bond is given, conditioned that the Commissary-General be made satisfied that the sureties to the bond are freeholders of the county where the applicant resides, and are responsible to an amount equal to the penalty of the bond, over and above all debts due and owing from them, and all incumbrances upon their freeholds, and shall approve the bond by his official endorsement thereon in the form prescribed by the Commander-in-Chief; and it is hereby made the duty of the Commissary-General, and he is instructed accordingly, in case he shall approve the bond and shall loan the arms and equipments, to take a detailed receipt from the applicant for all the articles and property delivered to him, specifying that the delivery is made in pursuance of his bond of the date named and of the above named order. 6th. The Commissary-General will, by a general order to be issued by him for that purpose, name the day for the annual return to his department, of the condition of the arms to be loaned in pursuance of these regulations, required as one of the conditions of the bond, and will be rigid in exacting those returns; and in case of default, he shall demand the return of the arms and equipments; and whenever the principal in any one of those bonds shall cease to be the commandant of the company for the use of which the loan was made, and a knowledge of that fact shall reach him, after waiting for a reasonable time for the execution and delivery of a new bond, as required by the condition of the bond given, if no new bond should be received from the successor of the principal in the bond filed, it shall be the duty of the Commissary-General to demand a return of the arms and equipments. 7th. The Adjutant-General will, at least once in each year, cause an examination of the records of his office to be made, with a view to ascertain what commandants of companies who have given bonds in pursuance of these regulations have ceased to be the commandants of the companies for whose use the loans of arms were made, and will give notice in writing to the Commissary-General of the names of those commandants who are no longer in commission as such, to the end that the Commissary-General may be able to determine whether new bonds have been executed by their successors as required by the condition of the bonds filed. 8th. The Commissary-General is hereby instructed, in all cases where the returns of the condition of the arms and equipments loaned are made as required by the condition of the bonds, to lay before the Legislature, in connection with his annual report, a copy of such returns and statements, or an abstract prepared from them; and in case any officer fails to make the returns and statement required, to state that fact, with the name of the officer, and the location and description of the company; and further, whenever any default shall be made in the condition of any one of the said bonds, and especially by failing to return the arms and equipments upon a demand, and in a condition proper to be received and accepted by him, it shall be his duty and he is hereby required forthwith to deliver the bond of the delinquent to the Attorney-General to be prosecuted, unless some good and valid reason for the default is known to him. By order of the Commander-in-Chief. (No. 2.) BOND. Adjutant-General. Know all men by these presents, that I, town of York, the of we, of the and State of New in the county of and commanding officer of a uniform company attached to the division of regiment, brigade, and of the militia of the said State, And of the town of and of the town of in the same county and State aforesaid, sureties of the said as aforesaid, are, and do hereby acknowledge ourselves to be held and firmly bound unto the people of the State of New-York in the penal sum of ; for the payment of which said sum well and truly to be made to the said people, upon any default in the condition following, we jointly and severally bind ourselves, our heirs, executors and administrators, and each and every one of them, firmly by these presents. Sealed with our seals and dated this day of in the year of our Lord one thousand eight hundred and forty The condition of the above obligation is such, that whereas, the *This blank is to be filled by a sum equal to $20, for each musket or rifle and its equipments, and a proportionate valuation for swords, pistols, or horse equipage. Commander-in-Chief of the militia of the State of New-York has, in pursuance of the provisions of the first section of the act of the Legislature, entitled "An act to enforce the laws and preserve order," passed April 15th, 1845, upon the application of the said as aforesaid, loaned to him for the use of the company of ments particularly specified in the receipt of the said as aforesaid, shall, upon the demand of the said Commissary-General, or of any other officer of the militia of the State, duly authorized to make such demand by any law of the State, or by an order from the Commander-in-Chief, within twenty days from the time such demand is made, return to the State arsenal from which they were taken, or to such other State arsenal or public armory as shall be named by the officer making the demand, all the said arms and equipments, in good order and condition, and in no way damaged or injured, but as valuable for service as when the same were received by the said as aforesaid, in case a demand for the said arms and equipments shall be made while the said remain in commission as shall and in command of the said shall procure company, and if not, then if the said from his successor in office, to whom the said arms and equipments shall be delivered by him, a bond in the same penalty and with the same conditions as this bond, and properly executed by him, and at least two sureties to be approved by the said Commissary-General, and shall cause the said bond so executed to be delivered to the said Commissary-General and to be approved by him, and if the said shall cause to be provided a safe and secure armory, or other place, for the storing and keeping of the said arms and equip ments dry and safe, and secure from injury of any kind, so long as they shall remain in his charge and custody, and shall, once in each year, upon such day as shall be named by the said CommissaryGeneral in a general order, make return to the said CommissaryGeneral of the true condition of the said arms and equipments, in such form and manner as the said Commissary-General shall direct, always stating the place where the said arms and equipments are to be kept for the year next succeeding the date of such return, and shall accompany every such return with a true statement of the number of men belonging to his said company, uniformed and equipped as the law requires, distinguishing in the statement the commissioned officers, non-commissioned officers, musicians, and privates, and shall certify such return and statement in the manner in which military inspection returns are required by law to be certified; and if the said as aforesaid shall, at all times, without any demand, return to the State arsenal from whence they were taken, in good order, and without injury or damage of any kind, all such arms. and equipments, loaned to him from the State by virtue hereof, as shall be, and shall have been for one year, an excess in number, over and above the number of men belonging to his company, and properly uniformed and equipped according to law, and shall obtain the receipt of the said Commissary-General for the arms and equipments so returned to and accepted by him, then this obligation to be void, or otherwise to be and remain in full force and virtue. Signed, sealed, and delivered in the presence of (No. 3.) COMMISSARY-GENERAL'S CERTIFICATE. COMMISSARY-GENERAL'S OFFICE. It appearing to my satisfaction that the foregoing bond is drawn and executed in conformity with the regulations established by the Commander-in-Chief, under § 1 of chap. 69, of the laws of 1845, and that the sureties are freeholders of the said county of and are fully responsible for an amount equal to the penalty of the said bond, over and above any debts due and owing from them, or charged upon their real estate, I do hereby approve of the said bond. day of State of New-York. came before me personally known to me to be the persons who executed the within bond, and severally acknowledged that they executed the same for the uses and purposes therein mentioned. |