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Each trooper to furnish himself with a ferviceable horse, at least fourteen hands high, a good faddle, bridle, housing, holsters, breaft-plate and crupper, a pair of boots and fpurs, a pair of piftols, a fabre, a cartouch-box to contain twelve cartridges for his piftols; and that the commiffioned officers fhall be armed with a fword and pair of piftols, the holfters of which to be covered with bearskin caps.

That each company of artillery fhall confift of

Artillery company,

be formed of vo

lunteers.

One captain,

Six gunners,

One captain-lieutenant, Six bombardiers,
Three lieutenants,

Six ferjeants,

Six corporals,

One Drummer,

One fifer, and
Thirty-two matroffes.

Each commiffioned officer fhall be armed with a sword or hanger, a fufee, bayonet and belt, and cartridge box, to contain twelve cartridges, and each arullerift shall furnish him felf, at his own expence, with all the equipments, of a private in the infantry, nil proper ordinance and field artillery can be provided by the flate; the drum and fe to be provided by the commiffioned officers of the com, any. That each company of artillery and troops of horie, and troop of her feat be formed of volunteers from the diflrict of the brigade, within which they refide, and shall be uniformly cio.hed in regimentals, to be fumished at their own expence, the colour an fafhion of which to be determined by the brigadier commanding the brigade. That on every entirent of a volunteer into the horse, artillery or light infantry, the cap.a ns of fuch troops or companies refpectively, fhall immed ately certify the fame to the captain of the beat from which fuch volunteer fhall inlift. That each regimen fhall be provided with flate and regimental colours, at the expence of the feld officers, and each company with a drum and fife, at the expence of its commiffioned Militia to rendez- Officers. That all the militia of the ftate fhall rendezvous vous four times in a four times in every year, for the purpose of training, difci

year.

Altered,

plining and improving in martial exercifes, twice by companies within their beats, once by regiments, and once by brigades; the time and place of rendezvous for the comLoth feff. ch.92. fec.2. 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 feveral companies exercifed in detail, in order to introduce uniformity in the manoeuvres and difcipline of the regiment. That each commanding officer of a regiment fhall appoint a regimental parade at fome convenient place, as nearly central as may be, within the district of his regiment; and each brigadier-general fhall appoint a brigade parade at fome convenient place within the diftrict of his brigade, as nearly central as may be ; at which brigade parade fuch brigade thall rendezvous on fuch days as the commander in chief fhall appoint by general orders; and which days fhall be fo arranged, that the adjutant-general may be enabled to vifit and review them at their refpective brigade parades That there fhall be an adjutant-general of the militia, whofe duty fhall be to diftribute all orders from the commander in chief to the feveral corps, and once in every year review the brigades; to attend the refpeétive brigades on their refpective 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 fhall inspect their arms, ammunition, accoutrements and clothing; fuperintend their exercifes and manoeuvres, and introduce a fyftem of military discipline throughout the ftate, agreeable to fuch orde's as he fhall

review, to be formed

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 on which they fhall be made; that within three weeks after he fhall have finished his annual review, he fhall deliver to the commander in chief, a return of all the militia of the state, reporting the actual fituation 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 order and military difcipline; that he hall have the rank of lieutenant-colonel, and shall be allowed, as a full compenfation for all the fervices he is required to perform by this act, at and after the rate of two hundred and fify pounds for every year. That to every brigade there shall be an inspector, to rank as major, whose duty it fhall be to attend the regimental parades, and fhall then and there infpect their arms, ammunition, accoutrements and clothing; fuperintend their exercises and manoeuvres, and introduce a proper fyftem of military difcipline throughout his brigade, agreeable to fuch orders as he may, from time to time, receive from the Light-infantry com adjutant-general. That at the annual brigade rendezvous, panies, at the annual the light-infantry companies of the regiments compofing into a regiment. the brigades, fhall be formed into a regiment, to be comroth fell. ch. 92. fec.2. manded by fuch field officers as the commanding officer of the brigade fhall appoint for that fervice. That when fo embodied, they fhall continue together at least four days, and perform fuch manœuvres and evolutions, under the direction of the adjutant-general, as he fhall affign them. That the artillery company and troop of horse belonging to each brigade, fhall, during fuch fervice, be attached to and remain with the regiment of light-infantry, and be fubject to the orders of the commanding officer thereof. That every regimental commiffioned officer fhall report his acceptance of his appointment, within ten days from his receiving notice thereof, to the commanding officer of the regiment, who fhall, in like manner, within ten days, make return thereof to his brigadier. The commissioned officers of cavalry and artillery fhall alfo notify the acceptance of their appointments, within ten days after they have received notice, to their captains, and the captains fhall make fimilar returns to their brigadiers within ten General court-mar- days. That a general court-martial fhall confift of thirteen commisioned officers, who fhall appoint their own judge advocate; which judge-advocate fhall tender to each member, and each member is hereby enjoined to take the following oath :

tial.

Altered,

YOU

do fwear, That you will, well and truly try and determine, according to evidence, the matter now depending between the people of the flate of New-York, and the prifoner or prifoners to be tried; and you do further fwear, That you will not divulge the fentence of the court, until the fame fhail be approved of, pursuant to this act; neither will you, upon any account, at any time whatsoever, diclofe 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 courfe of law. So help you God.

And the prefident is hereby authorised to tender to the judge-advocate, who is hereby enjoined to take the following oath:

You

do fwear, That you will not, upon any account, at any time whatsoever, difcloe or discover the vote or opinion of any particular member of the court-marial, unless required to give evidence thereof as a

itnefs, by a court of juflice, in a due courfe of law; and that you will not divulge the fentence of this court, until the fame fhall be approved, pursuant to this act. So help you God.

Camillioned officers

fice, how to be or

That every commiffioned officer who fhall be convicted c cony red how by a general court-martial, of having refufed or neglected bowe pumhed. to perform any of the duties of his office, fhall be punished according to the nature and degree of his offence, at the difcretion of the faid court, either by fine or removal from his office. Provided, No fine fhall exted ten pounds for the first offence, or fifty pounds for any fubfequent of fence; which fine fhall be levied and collected by warrant under the hand and feal of the commanding officer of the brigade, directed to any ferjeant of the regiment to which fuch officer, on whom fuch fine is impoïed, may belong, in like manner as the fines herein after mentioned to be recovered of non-commillioned officers and privates, for neglect or refufal of duty. That the commanding officer of a brigade may order courts martial for the trial of offences within his brigade; the members of which fhall be warned for that duty by the brigade-major, who is to keep a rotter for that purpofe. That the proceedings and fentence of every court-martial, by which any officer fhall be removed from office, shall be in writing, figned by the prefident thereof; and that all proceedings and fentences fhall, by the prefident, be delivered to the commanding officer of the brigade, to be by him tranf mited to the commander in chief, who fhall approve or difapprove of the fame in orders; and that all other proceedings and fentences of brigade courts-martial, fhall be delivered by the president thereof to the commanding officer of the brigade, who fhail approve or difapprove of the fame in Courts martial for orders. That a court-martial for the trial of geacral offithe rialuf general of cers, fhall be ordered by the commander in chief, and comdered and conducted. pofed of general and field officers, who fhall be warned to that duty by the adjutant-general, from a rotter to be by him kept for that purpofe. That the proceedings and fentences of such courts shall be tranfmited by the prefidents thereof, to the commander in chief, who fhall confirm or difapprove of the fame in general orders. Provided, That no fontence of a court-martial on a general officer, fhall go farther than removal from office. That all fentences of courts-manial, by which any oficer shall be removed, and which fhall be approved by the commander in chief, shall, by him, from time to time, be laid before the council of appointment, to the end that the perfon admindring the government of this fiate for the time being, by and with their advice and content, may appoint others inflead of the officers fo removed from office. That every non-commillioned officer or private, who fhali neglect to appear when warned in pursuance of this act, without fufficient excufe, fhall, for every day he neglects to appear at the brigade rendezvous, forfeit the fum of twenty fhillings, and fhall, for every day he neglects to appear at the regimental or company parades, forfeit the fum of eight fhillings; and if he fhall not be armed and equipped according to the directions of this act, when fo appearing, without fuflicient excue, he fhall, for every deficiency, forfeit the fum of one filling; and appearing Commiffions to be without a mufket, the fum of four fhillings. That the comnumbered, and officers miffions to be granted to officers of the militia, fhall be ing to fch numbers, numbered; and the officers of the fame grade fhall take rank according to the numbers marked on their refpective commiffions; and when officers of different corps fhall meet on duty, the rank of officers of the like grade fhall be determined by

to take rank accord

! Altered,

roth feti.ch.92. fec.3.

ballot, by the commanding officer of the whole then prefent. That one No brigade, regi. brigade, regiment, or company of foot (except the light-inment or campany, en- fantry companies herein before mentioned) fhall not be contitled to rank. fidered as older, or having rank or preference of the other; but each brigade, regiment, or company, fhall be poited in the line, or on command, as the commanding officer fhall think proper. That all fines arifing from offences in a company only, fhall be adjudged of, and impofed by the commillioned officers of the faid company, or the major part of them; and all fines to arife from offences on calling out the regiment or brigade, with refpect to the non-commiflioned officers and privates, fhail be adjudged and inflicted by the major part of the field officers or the regiment, and fhall be levied, with cofts, not exceeding three fhillings, by warrant from the colonel or commanding officer of the regiment, or captain, or commanding officer of the company, as the cafe may be, directed to one or more ferjeants, by diftrefs and fale of the goods and chattels of the offenders respectively. And in cafe any fuch defauiter fhall be under age, and live with his father or mother, or fhall be then an apprentice or fervant, the mafler or mistress, or father or mother, as the cafe may be, fhall be liable to pay the faid fine, with coils; and in default of payment, the faid ferjeant fhall levy the fame upon the goods and chattles of fuch father or mother, or matter or mistress; fuch To be paid into the fines, when recovered, to be paid by the ferjeant or ferjeants, treafury of this late. to the officer granting fuch warrant, whole duty it fhall be 10th feff. ch. 92. fec. 7. to account for, and pay the fame to the commanding officer of the brigade; and fuch commanding officer fhall pay City of New-York the fame into the treafury of this ftate. That the city and county of New-York shall raise one regiment of artillery, to confit of as many companies a the commander in chief shall judge neceffary, not to exceed four; which companies fhall confift of the fame number of officers, non-commiffioned officers, and matroffes, as the artillery companies herein before mentioned. That fuch regiment of artillery fhall have three field officers, fhall be arined and accoutred in the fame manner as the other artillery companies mentioned in this act, until further provifion is made therein by law, and fhall be called out to exercife, by orders from the commander in chief, at least fix times in every year, and be fubject to the fame fines and penalties as are inflicted by this act for the neglect or refutal to do duty, or being deficient in any arms or equipments.

Altered,

to rail: one regunent of artillery.

in cafe of invali,

lit a, &c.

II. And be it further enacted by the authority aforesaid, Commander in chief, That the commander in chief for the time being, may, in may order out the mi- cafe of invation or other emergency, when he hall judge it neceffary, order out any proportion of the militia of the ftate, to march to any part thereof, and continue as long as he may think neceffary; and likewife may, in confequence of an application from the executive of any of the United States, on an invafion, or an apprehenfion of an invafion of fuch ftate, at his difcretion, order any number of the militia, not exceeding one third part thereof, to fuch ftate. Provided, That they be not compelled to continue on duty out of this ftate more than forty days at any one time: That while in actual fervice, in confequence of being fo called out, they fhall receive the fame pay and rations, and be fubject to the fame rules and regulations, as the troops of the United States of America. III. And be it further enacted by the authority aforesaid, Certain characters That the lieutenant-governor, members and officers of congiefs, and their fervants not citizens of this ftate, mem

exempted from mili. sia duty.

bers of fenate and affembly, the clerks of fenate and affembly, the chancellor, chief juftice and other juftices of the fupreme court, judge of the court of probates, and all other judicial officers, fecretary, treasurer, attorney-general and auditor of this ftate, furveyor-general, regifters of courts, fheriffs, coroners and gaolers, two ferrymen employed to each boat, and the furrogates in the feveral counties, all ministers or preachers of the gospel, phyficians and furgeons, except in their refpective profeflions and callings, the profeffors, tutors and ftudents of Columbia college, poft-officers, and ftagedrivers who are employed in conveying the mails of the poft-office of the United States, all school-mafters engaged for fix months, the actual attendant of every grift-mill, and the fire-men of the cities of New-York and Albany, and of the township of Brooklyn, and twenty fire-men, to be from time to time appointed by the majority of the magiftrates of the county of Albany, refiding in the townfhip of Schenectady, notwithstanding their being above fixteen and under forty-five years of age, fhall be, and hereby are exempted from training or doing duty in the militia.

IV. And be it further enacted by the authority aforefaid, Quakers, instead of That all perfons, being of the people called Quakers, who dary, to pay 40s. per would otherwise be fubject to military duty, by virtue of this act, and who fhall refufe perfonal military fervice, fhall be exempted therefrom, on paying annually the fum of forty fhillings each for fuch exemption; fuch fum to be affefied on each of them refpectively by the affeffors, and collected by the collectors of the diftricts wherein they refpectively refide, with the contingent charges of the county, and paid to the county treasurer, who fhall pay the fame into the treafury of this ftate, to be applied towards the fupport of government; and it is hereby made the duty of every captain of infantry, within three months after he shall have received his commiflion, and yearly and every year thereafter, on the firft Monday of June in every year, to make a lift of the names of all and every perfon and perfons within his beat, who being of the people called Quakers, fhall neglect or refufe perfonally to perform military fervice, and deliver fuch lift, in the city of New-York, to the clerk of the faid city, and in each of the other coun ties of this flate, to the fupervisor of the town, precinct or diftrict where fuch perfon or perfons fo neglecting or refufing to perform military fervice, fhall refpectively refide. And the clerk of the faid city of New-York fhall forthwith, after receiving fuch lifts, deliver the fame to the mayor, aldermen and commonalty of the faid city, in common council convened. And the mayor, recorder and aldermen of the city of New-York, or any three of them, In the faid city, and the fupervifors, or major part of them, of each of the other counties of this ftate, refpectively, fhall, at their first meeting after the delivery of fuch lifts, caufe tax-lifts to be made out, according to fuch lifts fo delivered, with warrants thereon, under their hands and feals, directed to the collector of the ward, town, precinct or diftrict in which fuch perfons named in fuch lifts, refpectively refide, for levying the fum of forty fhillings, of the goods and chattels of each of the perfons named in the fame lifts. And the faid collectors are hereby refpectively authorifed and required to demand and receive of each of the perfons named in fuch tax-lift, the faid fum of forty fhillings; and in default of payment, fuch collector fhall levy the faid fum of forty fhillings, by diftrefs and fale of the goods and chattels of the perfon fo neglecting or refufing to pay the fame; and in cafe any perfon pamed in fuch tax-lift fhall be under age, and live with his father or mother,

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