troop or company; and it shall be the duty of the officers commanding any uniformed company, who by law are exempted from serving on juries, to return as a delinquent every non-commissioned officer and private who shall not appear on parade in the complete uniform of his corps, and for each offence he shall be liable to pay a fine not exceeding five dollars. Militia not XXXIX. And be it further enacted, That the militia shall not be ordered to parade on any day during any election, to be held to parade du by virtue of the act for regulating elections, or within ten days previous thereto, except in cases of invasion or insurrection. ring election, Uniform of XL And be it further enacted, That the uniform of the infant ry shall be the same as now remains established by the secretary of infantry. war of the United States, and of all other corps as the commander in chief shall, from time to time, direct; but round hats, with the American cockade, shall be deemed a part of a full uniform for a captain or subaltern, and blue pantaloons, at all seasons of the year, shall be considered as a part of the full uniform. XLI. And be it further enacted, That the commanding officer of brigade, shall give timely notice to the commanding fficer of his division, of the time and place of his rendezvous of officers, and of his regimental or separate battalion parades for inspection and review, to the end that the said commanding officer of division, with the inspector of division and his other staff, may attend as many of the said rendezvous and parades as practicable, to review and superintend the exercise of the same, and to make report to the commander in chief of the most meritorious officers at such review. Duty of com manding off cers of bri. gades. XLII. And be it further enacted, That all persons being of the Quakers and people called shakers, or the society called quakers, who would o- shakers. therwise be subject to military duty, by virtue of this act, and who shall refuse personal military service, shall be exempted therefrom, on paying annually the sum of four dollars each for such exemption, and who shall produce a certificate, sigued by the clerk of the society to which he belongs, that he actually belongs to such society; and it is hereby made the duty of every captain of infantry, within three months after he shall have received his commission, and yearly thereafter, or of the commanding officer of such company of infantry, for the time being, on the last Tuesday in May, to make a list of the names of all persons within his beat, being of the people called quakers, or of the society of friends called shakers, subject to military duty aforesaid, and who shall neglect or refuse personally to perform the same, and deliver such list, signed by him, to one of the assessors of the town or ward where such persons so neglecting or refusing to perform such military service shall respectively reside; and the said assessors shall deliver the same list to the board of supervisors of the county wherein they reside, at the time they deliv er the assessment roll of the town or ward whereof they are assessors; and the said supervisors shall, at their first meeting after the delivery of such list, cause tax lists to be made out according to such lists so delivered, with warrants thereon, under their hands and seals, directed to the collector of the ward or town in which such persons Warrants against them. When they may be im prisoned. Proviso. named in such lists respectively reside, for levying, within sixty days thereafter, the sum of four dollars, of the goods and chattels of each of the persons named in the said lists; and the said collectors are hereby respectively authorised and required, to demand and receive of each of the persons named in such list, the sum of four dollars, and in default of payment, such collector shall levy the said sum of four dollars, by distress and sale of the goods and chattels of the person so neglecting or refusing to pay the same; and in case any person named in any such tax list, shall be under age and live with his father or mother, or shall be then an apprentice or servant, the master or mistress, father or mother, as the case may be, shall be liable to pay the said sum of four dollars, for such person so under age, and in default of payment, the collector shall levy the same by distress and sale of the goods and chattels of such father or mother, master or mistress; and the said respective collectors shall, withio twenty days after the said movies shall be so collected, respectively pay the same to the county treasurer, who shall, on or before the first Monday in March, in every year, pay the same to the treasurer of this state, deducting his fees for receiving the same; and the said collectors and county treasurers, shall have the like fees for collecting and receiving the said monies, as they are respectively entitled to, for collecting and receiving the monies for defraying the necessary and contingent charges of the city or county in which they reside. XLIII. And be it further enacted, That in case any member of said society of shakers, shall refuse or neglect to pay the said sum of four dollars, to be assessed as aforesaid, together with the fees for collecting the same, and shall have no goods or chattels whereof the same can be levied in manner aforesaid, it shall be the duty of the officer to whom the warrant for collecting the same shall be directed and delivered, to take the body of the person so neglecting or refusing, and convey him to the gaol of the county in which he shall reside, and deliver him, together with the said warrant, to the jailor, whose duty it shall be to receive the same, and to detain the said person so neglecting or refusing, in close confinement, in the said gaol, until he shall pay the sum specified in such warrant, with the fees accrued thereon, together with the usual jailor's fees: Frovid ed, such confinement shall in no case exceed the term of twenty days. XLIV. And be it further enacted, That if at any time hereaf Drafts by the commander ter, it shall become necessary for the commander in chief to order a draft from the militia for public service, it shall be made by lot, to be determined at a company parade, to be ordered for that purpose, when every non commissioned officer and private present on the parade, shall draw, to make up the quota, each one respectively to fill such grade as he is entitled to in such company, at the time of such draft required of such company; and if any non-commissioned officer or private shall be absent from parade, the draft shall be made for him by one of the commissioned officers, with the like effect as if he had drawn in person; and that if any person so drafted shall, at, or after, the time of rendezvous of such drafted militia, offer a substitute, the commanding officer of the company in which such in chich. person may be at such time, shall accept the same, provided the said substitute shall be an able bodied man, and consent in writing to subject himself to all the duties, fines, forfeitures and punishments which the person so drafted would have been subject to, if he had personally served. ry this act into effect. XLV. And be it further enacted, That the comptroller, on the Monies alapplication of the person administering the government of this state, lowed to car dall, from time to time, draw his warrant on the treasurer for such sum or sums of money as may be requisite in the execution of this act, and as is thereby authorised, and may require the chief of every staff department, quarterly, to account for all monies by him re ceived for that purpose. In New XLVI. And be it further enacted, That all persons who shall become subject to do duty in the infantry, in the city of New-York, York, infanshall, within six months next and immediately after the time when equip, &e. they shall become so subject, equip themselves according to law, and make a report of their homes and residence to the commanding officer of the regiment within whose bounds they shall reside at the time of becoming so subject, or into whose bounds they shall remove during the said six months, under the penalty of five dollars, and the further penalty of five dollars for each parade of the company or regiment which shall take place during his residence within the bounds thereof, and before such report shall be made and that whenever any person in the said city, liable to do militia duty, shall, after being enrolled, remove out of the bounds of the company within which he shall have been enrolled, he shall, forthwith, give information thereof and of his new residence, to one of the officers of such company, who shall, without delay, report the same to the adjutant of the regiment to which he shall belong, who shall, forthwith, give notice thereof to the commandant of the company into whose bounds such removal shall be made, if within the bounds of the same regiment; otherwise to the commandant or adjutant of the regiment into whose bounds such removal shall be made; and in case any such person shall neglect or unreasonably delay to give such information, or shall give any false information in the premises, he shall be subject and warned to do duty, and liable to all fines and penalties, and may be summoned to shew cause why the same should not be levied in the same manner as if he had not removed. XLVII. And be it further enacted, That every occupant of a Occupants house, or householder, in the city of New-York, when thereunto required by an enrolling officer of the beat wherein such occupant or householder shall reside, shall deliver to such officer verbally, or in writing the name of every white male person between eighteen and forty-five years of age, residing or boarding in his or her house, under the penalty of ten dollars for every person between those ages, whose names such occupant or householder shall refuse or neglect to deliver as aforesaid, and under the further penalty of five dollars for every such person, whose name shall not be delivered as aforesaid, for each parade which shall, after such refusal or neglect, take place during the residence of such person in the house of such occupant or householder, until his name shall be delivered as afore &c. in New York to give the names of boarders, &c. Duty of ma New-York. said; which penalties may be sued for in any court of record has ing cognizance thereof, by the adjutant of the regiment within whose bounds such occupant or householder shall reside: and if any person between the age of eighteen and forty five years, shall, when thereunto required, neglect or refuse to give such information with respect to himself to the occupant or householder of the house where he shall reside, as may enable such occupant or householder to give the information hereby required, such person so neglecting or refusing, shall be subject to the like penalties as are hereby imposed on householders or occupants, for their refusal or neglect in the pre mises. XLVIII. And be it further enacted, That it shall be the duty of Jor general in the major general of division of infantry of the city of New-York, to order out the commissioned officers, sergeants and eurolled musicians, belonging to said division, at such time and place as he shall appoint, at least twice in every year, for military improvement; and it shall be the duty of the respective commandants of brigade belonging to said division, to order out the commissioned officers, sergeants and enrolled musicians of their respective brigades, at such times and places as they shall respectively appoint, at least three times ev. ery year and in like manner, and for the same purpose, it shall be the duty of the respective commandants of regiments belonging to said division, to order out the commissioned officers, sergeants and enrolled musicians of their respective regiments at least four times in every year; and that every commissioned officer, sergeant and musician aforesaid, who, after having been duly notified, shall, without such excuse as the officer ordering such meeting shall deem suffi. cient, neglect to attend any such meeting as aforesaid, shall forfeit and pay, if a commissioned officer, the sum of five dollars, and if a sergeant or musician, the sum of two dollars for every such neglect, to be recovered with costs of suit. by and in the same manner as diFected by the twenty-fifth section of this act; and the division inspector, or person acting as such, of the division, or the brigade inspector, or person acting as such, of the brigade, or the adjutant, or the person acting as such, of the regiment, to whom such delinquent shall belong, shall report such delinquencies to the president of the court martial in the bounds in which such delinquent shall reside, within ten days after any of the parades aforesaid. Militia in New York how often to XLIX. And be it further enacted, That the militia in the city and county of New York, shall have three rendezvous in every rendezvous. year, for the purpose of being trained, disciplined and improved in martial exercise; one by companies, one by battalion and one by regiment; that the brigadier general shall appoint the regimental parades for inspection, at such time and place, within said city, as he may think proper, and that the times and places, for the other rendezvous, for the companies and battalions shall be appointed by the commanding officer of the regiment, who may order his regiment to be formed on the day appointed for the battalion parade. Sergeants in New-York, their privile Her & L. And be it further enacted, That in the said city of New-York, any sergeant of infantry, who shall have uniformed, armed and equipped himself according to law, who shall produce a certificate, dated within three months of the then present time, signed by the commanding officer of the company, and of the regiment, that he belongs to such company and regiment, shall be entitled to the same privileges and exemptions as are allowed to the non-commissioned officers and privates of the artillery in said city, except as to their time of service, which shall be ten years. York. LI. And be it further enacted, That it shall and may be lawful, Bands of ma for each of the commandants of the several regiments in the city of sicians in N. New-York, to form and organize a band of musicians, within and for his said regiment, and that each and every person belonging to such organized band of musicians, shall be under the command and direction of said commandant, and for neglecting or refusing to appear at any parade, or meeting of officers, when warned, with their instruments of music, or for disobedience of orders, shall be liable to such fines and penalties as non-commissioned officers and pri vates are subject to by this act; and the persons belonging to such band of musicians, shall be exempted from serving as jurors during the time they continue in such band. Brigade of New-York. LII. And be it further enacted, That the several regiments of New-York state artillery in the city and county of New-York, be artillery in and they are hereby constituted a brigade, denominated "the first brigade of New-York state artillery;" and shall be officered and organized agreeably to the provisions of this act. Regiments how ordered out for exer cise. LIII. And be it further enacted, That it shall and may be law- Further přivful for the several companies and regiments composing the said ileges, brigade, to use the same weapons, accoutrements and other equipments, with which they are provided at the passing of this law, until otherwise directed by the commander in chief; which weapons, accoutrements and other equipments, together with every horse actually enrolled for service, and belonging to any member or members of said brigade, shall be exempt from seizure by execution. LIV. And be it further enacted, That each regiment in said brigade shall be ordered out for exercise by the commanding officer thereof, at least twelve, and not exceeding eighteen times in each year, of which number as many shall be by brigade as the brigadiergeneral shall direct; and any officer who shall neglect to appear and do duty in the complete uniform of his corps on such parades, when thereunto duly notified, shall forfeit and pay a penalty not exceeding ten dollars for every parade at which he shall so neglect to appear; and 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, to be recovered in the modes prescribed in this act; and it shall be the duty of every officer comanding a company, to make a just and true return of the name of every absentee from all parades, when thereunto required by the commanding officer of the regiment to which he belongs. LV. And be it further enacted, That the commanding officer of each regiment in said brigade, shall be entitled to receive from the military stores of this state, as much powder, ball and other munitions, as the commander in chief shall direct, for the purpose of bet- how often the ter enabling such officers to exercise and improve their respective officers to be Powder, bail, &c. to oficers of re commanding giments, and exercised,. |