« SebelumnyaLanjutkan »
per cent. on the whole fum which sall come into their hands by virtue of fuch appointment, before each dividend made, over and above all necessary disbursements in the premises.
XXVIIL And be it further enacted by the authority aforefuid, That any judge or judges, mayor or recorder, who have issued any warrant or warrants, in pursuance and by virtue of any act or acts against absent, absconding or concealed debtors, may proceed thereon by virtue of this act; and that truítees appointed by any of the said acts, may exercise all the powers given by this act to such trustees, and shall be subject to such rules, orders and regulations, as in and by this act are appointed.
XXIX, And be it further enacted by the authority aforefaid, That if any person or persons shall be sued for any inatter or thing done in pursuance or by virtue of this act, it shall and may be lawful for him, her or them, to plead the general issue, and give the special matter in evidence ; and also that this zet Iall be beneficially construed for the creditors in all courts of record within this state.
XXX. And whereas, by the first section of the act, enti17th feil. ch. 34.
tled, # An act to amend an act, entitled, An act for relief against absconding and abfent debtors, and to extend the remedy of the act, entitled, An act for granting a more efft:ctual relief in cases of certain trespalles, and for other purpoles therein mentioned, palled May the 4th, 1784, remedy was given to creditors against debtors, delignated in the said first section of the faid act, with authority to proceed againit such debtors in manner as nearly as may be, as is prescribed and directed in and by an act, entided, An act for relief against absconding and abfent debtors, pailed gd day of April, 1775. And whereas the act lait mentioned is expired by its own limitation; Be it therefore ena led by the authority aforesaid, That all proceedings hereafer to be had a gainit such debtors as are particularly described in and by the aforesaid first section of the act firft aforesaid, shall, as nearly as may be, be in the manner prescribed and directed in and by this act.
Amended, jo h fell. 01.02.
С НА Р.
Passed 4th April, 1786. I. 1.
and usembly, ardi is herchy enaĉied by the authority of the fame, That Citizens of 16 and every able-bodied male person, being a citizen of this state, anderen Ferror of any of the United States, and retiding in this state (exbt the captain of the cept such persons as are herein after excepted) and who are
of the age of fixteen, and under the age of forty-five years, Mall, by the captain or commanding officer of the beat in which iuch citizens fall relide, within four months after the passing of this act, be enrolled in iiie company of such beat. That every captain or commanding otiicer of a conpany, shall allo enrol every citizen as aforesaid, who shall, fioin time to time, arrive at the age of lixteen years, or come to, reside within his beat, and without delay notify such enrolment to such citizen so enrolled, by fome 1:0n commillioned officer of the company, who shall be a competent witne's to prove such notice. That all disputes which may happen with respect to the age or ability of any person to bear arms, shall be determined by the captain or commanding officer of the company, with a right of appeal by the perion who may conceive himself aggrieved, or by any other perfon be
longing to the company, to the colonel or commanding officer of the regi
Militia how to be ment. That every citizen so enrolled and notified, ihall, aried and accoudred within three months thereafter, provide himself, at his own expence, with a good musket or frelock, a sufficient bayonet and belt, a pouch, with a box therein to contain not less than twenty-four cartridges Luited to the bore of his musket or firelock, each cartridge containing a proper quantity of powder and ball, two spare flints, a blanket and knapsack; and shall appear fo armed, accoutered and provided, when called out to exercise or duty, as herein after directed, except that when called out to exercise only, he may appear without blanket or knapsack. That the commillioned officers shall be respectively armed with a sword or hanger, and an espontoon. That the commander in chief for the time being shal, by general orders, arrange the whole militia into commands, as nearly equal as convenienty may be, of brigades, regiments and companies, and may, from time to time, alter such arrangements as he shall think proper; and that to each brigade of infantry there shall be one company of artillery, and one troop of horse. That each regiment of infantry shall consist of two battalions, each battalion to be composed of four companies, and each company of One captain,
And not less than fixty-five privates, as nearly as local cirdrummers and fifers. cumstances will admit. The serjeants, corporals, drumto be appointed by the
mers and fifers to be, from time to time, appointed by the
captain or commanding officers of the several companies, And if any non-commissioned officer fo to be appointed, shall refuse to accept the office to which he shall be appointed, he shall forfeit the sum of forty shillings, to be adjudged, levied and disposed of as is herein after directed, with respect to fines for neglecting or refusing to appear to exercise. That each regiment shall be commanded by three field officers, viz. One lieutenant-colonel commandant, and two majors; and that to each regiment there shall be a regimental staff, to consist of
One surgeon's mate. And that to each regiment there shall be two light-in fantry companies, composed of such active young men as shall voluntarily engage in such in. fantry companies, and who shall form on the flanks of the regiment, and be clothed in such uniform as is herein after directed. That four regiments thus constituted, shall form a brigade, to be commanded by a brigadiergeneral, who may nominate his own brigade-major, which brigade major inall rank as captain. That each troop of horse shall consist of One captain,
One trumpeter, and
Each trooper to furnish himself with a serviceable horse, at least fourteen hands high, a good faddle, bridle, housing, holsters, breaft-plate and crupper, a pair of boots and spurs, a pair of pistols, a fabre, a cartouch-box to contain twelve cartridges for his piftols; and that the commisioned officers shall be armed with a sword and pair of piftols, the holfters of which to be covered with bearskin caps. That each company of artillery shall consist of One captain,
One fifer, and
Thirty-two matrofles, Each commiflioned officer shall be armed with a sword or hanger, a fusée, bayonet and belt, and cartridge box, to contain twelve cartridges, and each arullerit shall furnish himself, at his own expence, with all the cquipments, of a private in the infantry, "niil proper ordinance and field artillery can be provided by the state ; the drum ante to be provided by the comisioned Artillery cornpany,
officers of the cornery. That each company of artillery and roops of horse, and troop of hralia be formed of volunteers from the
be formed of vo. hanteers, district oii'e brisate, within which they reside, and shall
be norinly co. vd in regimentais, to be funished at their own expence, the culour ar ramion of which to be determined by the brigadier commanding the brigade Tlat on eve: v enkun eni of a volunteer into the hork', artillery or julle riury the Cape nts of tuch troops or companies respectively, shall inimecatriy certiíy the fame to the capiain of the bea from which such voli.nicer ihall initt. That each regimen. shall be provided with itate and reginentai colours, at the expence of the feldofficers, and each company with a drum and fife, at the expence of its commiffioned
Militia to rendez. Officers. That all the militia of the fare shall rendezvous vous four times in a four times in every year, for the purpose of training, disci. year.
plining and improving in martial exercises, twice by compa
nies within their beats, once by regiments, and once by 1 Altered, Toth fefl.ch.92. fec.2.
#brigades; the time and place of rendezvous for the com
panies to be appointed by the colonel or commanding officer of the regiment, and arranged on different days, that the field and staff officers may have an opportunity
of attending the several companies exercised in detail, in order to introduce uniformity in the maneuvres and discipline of the regiment. That each commanding officer of a regiment shall appoint a regimental parade at fome convenient place, as nearly central as may be, within the district of his regiment; and each brigadier-general shall appoint
brigade parade at some convenient place within the district of his brigade, as nearly central as may be ; at which brigade parade such brigade thall rendezvous on such days as the commander in chief shall appoint by general orders; and which days shall be so arranged, that the adjutant-general may be enabled to visit and review them at their respective brigade parades That there shall be an adjutant-general of the militia: who e dury fall be to diftribute all orders from the commander in chief to the several corps, and once in every year review the brigades; to attend the respective brigades on their respective parades; and the regiment of infantry, and companies of artillery and cavalry, during the time of their being under arms, pursuant to this act; and Thail inspect their arms, ammunition, accoutrements and clothing; superintend their exercises and manæuvres, and introduce a system of military discipline throughout the fate, agrecable to fuch orde s as he thall
reviewbe into a regiinent,
from time to time, receive from the commander in chief; to furnish blank forms of different returns that may be required, and explain the principles ca which they shall be made ; that within three weeks afier he shall have finised his annual review, he shall deliver to the commander in chief, a retun oi all the militia of the state, reporting the actual situation of the arms, accoutrements and ammunition of the feveral corps, their delinquencies, and every other thing which in his judgment may relate to their police, and the general advancement of good orier and military discipline; that he hall have the rank of lieu enant-colonel, and thall be allowed, as a full compensation for all the services he is required to perform by this act, at and after the rate of two hundred and fity pounds for every year. That to every brigade there Thall be an inspector, to rank as major, whole duty it shall be to attend the regimental parades, and shall then and there inspect their arms, ammunition, accoutrements and clothing ; luperintend their exercises and mancuvres, and introduce a proper system of military discipline throughout his brigade, agreeable to such orders as he may, from time to time, receive from the Light-infantry com: adjutant-general. That at the annual brigade rendezvous, Favis, at the annual the light-infantry companies of the regiments composing
the b:igades, shall be formed into a regiment, to be comrohrl. (1992. fec.z. manded by such field officers as the commanding officer of
the brigade shall appoint for that service. That when fo embodied, they shall continue together at least four days, and perform such manæuvres and evolutions, under the direction of the adjutant-general, as he fall align them. That the artillery company and troop of horse belonging to each brigade, Niall, during fuch service, be attached to and remain with the regiment of light-infantry, and be Tubject to the orders of the commanding officer thereof. That every regimental commissioned officer shall report His acceptance of his appointment, within ten days from his receiving notice thereof, to the commanding officer of the regiment, who shall, in like manner, within ten days, make return thereof to his brigadier. The commissioned officers of cavalry and anullery shall also notify the acceptance of their appointments, within ten days afier they have received notice, to their captains, and the captains shall make fimilar returns to their brigadiers within ten General cwit-mar- days. That a general court-martial shall consist of thirteen
commiftioned others, who shall appoint their own judgeadvocate ; which judge-advocate mall tender to each member, and each member is hereby enjoined to take the following oath :
OU do swear, That you will, well and truly try and determine,
according to evidence, the matter now depending between the people of the late of New York, and the prisoner or prisoners to be tried ; and you do further fwear, That you will not divulge the sentence of the court, until the faine Mail be approved of, pursuant to this act ; neither will you, upon any account, at any time whatsoever, di close or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof by a court of justice, in a due course of law. God.
And the president is liereby authorised to tender to the judge-advocate, who is hereby enjoined to take the following oath :
YOU YOU do swear, That you will not, upon any account, at any time
whoever, diclo'è or diicuter the vote or opinion of any particu ar 17.maer of the court-inarial, unle's required to give evidence thereof as a
So help you
Fitnes, by a court of justice, in a due course of law; and that you will not divulge the sentence of this court, until the same fliall be approved, purjuane to tlus act. So help you God.
That every commissioned officer who shall be convicted (unitioned officers
con died iww by a general court-martial, of having refused or neglected be pushed.
to perförin any of the duties of hisotrice, shall be punished according to the nature and degree of his offence, at the discretion of the hid cout, either by fine or removal from his office. Pruvided, No fine shall exeej izn pounds for the firit oflence, or fifty pounds for any lubequent offence ; which fine shall be levied and collectci by warrant under the hand ard kval of the commanding oficer of the brigade, directed to any ferjeant of the regiment to which such officer, on whom such fire is iinpuied, 'may bulong, in lite manner as the fines hercin atter inentioned to be recovered of Don-commilioned officers and privates, for neglvet or rerufal of duty. That the commanding officer of a brigade naay oruer couris-martial for the trial of offences within his brigade; the members of which shall be warned for that duży by the brigade-major, who is to keep a roiter for that purpose'. That the proceedings and sentence ofevery court-marcial, by which any of ficer shall be removed from office, thall be in writing, figned by the president thereof; and that all proceedings and sentences Thail, by the preulent, be delivered to the commanding oficer of the brigade, to be by him tranfmited to the commander in chif, who shall approve or disapprove of the fame in orders, and that all ocher proceedings a id tinences of brigade courts-ınarial, fhill be delivered by the president tercot to the commiwanding oficer of the brigade, who fhul approve or disapprove of the lume in
Criteria for oriers. That a couri-martial for the trial of general ofibe rialuf general of cers, shall be ordered by vie commander in chief, an.iconder3 211 conducirl. pored of general and field orlicers, who hall be wanted to that duty by the adjutant-general, from a rotter to be by him kept for that purpose. That the proceedings and sentences of such courts ihail te transmited by the prelidunts thercot, to the commander in chick, who fall confinn or disapprove of the fame in general orders. Provided, That 110 intence of a court-ir artial on a general officer, full fariher than rumoval from office. That all intences of courts-manial, by wlich any oficer hall be removed, and which shall be approved by the commander in chief, hull, by hin, from time to time, be laid before the council of apreintinert, to the end that the person administring the government of this stare for the time being, by and with ti.eir advice and content, may appoint others in lead of the orticers fo removed from office. That every non-comini:lioned officer or private, who shall neglect to appear when warned in pursuance of this act, without futhcient excuse, Niall, for every day he neglects to appear at the brigade rendezvous, fuifcit the rum or twenty fillings, and Mall, for every day he neglects to appear at the regimental or company parade's, funcit the sum of eight shilings; and if he sh:ll not be armed and equipped according to the directions of this act, when to appearing, without suficient excuè, he ihall, for every deficiency, forfuit the sum of one stilling; and appearing
C muisti »s to be without a musket, the sum of four Millings. That the comnandoren,aki ptices missions to be granted to officers of the militia, Mall be inz tifich numbers. numbered ; and the officers of the fame grade mall take Toth feil.ch.91. fec.3.
I rank according to the numbers marked on their respec
tive commisions; and when officers of different corps inall meet on duty, the rank of vllicers of the I: he grade shall be cetermind by