fhall profecute the fame to effect, and the other half to the overfeers of the poor for the use of the city or town where fuch race or races fhall be run, or fuch wager, bet or ftake fhall be laid, made or depofited.

IV. And be it further enacted, That if any perfon or perfons fhall 7 contribute or collect, or folicit any other to contribute or collect any money, goods or chattels to make up a purfe, plate, or other thing or things, to be run for by any horfe, mare or gelding, at any place in this ftate, fuch perfon or perfons fo offending, fhall forfeit the fum of twenty-five dollars, for each and every offence, to be recovered and applied as aforefaid.

V. And be it further enacted, That all and every contract here- 8 after to be made and entered into, for or on account of any fum or fums of money, or other thing, bet or ftaked, or depending on any fuch race or races as aforefaid, or concerning the fame, or for or on account of any gaming by lot or chance of any kind, or under any defcription whatever, fhall be deemed and adjudged void in law; and it shall be lawful for any perfon who may have 9 paid any money or other thing upon the iffue or event of any fuch race or game, to recover the fame in like manner as is provided in the second and third fections of the Act, entitled "An Act to prevent exceffive and deceitful gaming," paffed the 21ft of March,

1801.

VI. And be it further enacted, That all racing or running of 10 horfes, mares or geldings, during the fitting of any court, and within one half mile thereof, whether the fame be for any bet or wager or not, fhall be deemed and adjudged a misdemeanor, and the parties concerned therein shall be punished accordingly.

VII. And be it further enacted, That every perfon who fhall 11 raffle for any fum of money, goods or chattels, fhall for every fuch offence be liable to pay the fum of two dollars, to be recovered before any court having cognizance thereof, with cofts of fuit, and every person who fhall fet up any money, goods or chattels to be raffied for, fhall be liable to pay the fum of ten dollars, to the ufe of the poor of the town in which any fuch offence fhall be committed; and it fhall be the duty of the overfeers of the poor of fuch town, and they are hereby authorised to profecute in their own name therefor.

An ACT to explain the Sixteenth Section of the Act, entitled "An Act to regulate Highways."

B

Paffed March 30th, 1802.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the twelve freeholders to be H

fammoned in purfuance of the fixteenth fection of the act, entitled "An act to regulate highways," may in their certificate, under oath, omit the word "abfolutely," and the fame certificate fhall be as valid as though the faid word had been therein con

tained.

Military Stores.

CHAP. LXXXV.

CONTENTS.

1. Duty of the Commiflary in refpect to the collection of the public arms, cannon, &c.

2.

3.

4.

5.

6.

In refpect to their fafe keeping, repairing, &c.

To report a state of the public ftores to the Gov.
With confent of the Gov. to fell damaged powder, &c.
To account for and pay the proceeds of all fuch fales.
To keep in good repair the arsenals, &c.

10. His falary increafed to 500 dollars per annum.

9. Expences incurred by the Commiffary, how paid.

7. Governor to prefcribe rules for direction of the Commiffary. 8. To report to the Legiflature annually, a ftate of the premifes confided to the Commiffary.

An ACT designating the Duties of the Commissary of Military Stores, and relative to the Arsenals and Public Stores.

I.

B

Paffed April 1, 1802.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall be the duty of the commiffary of military ftores, and he is hereby required and directed, with all convenient difpatch, to collect and depofit in the arfenals, ftores and proper repofitories, all the arms, cannon, accoutrements, powder, balls, warlike ftores, and implements of 2 every defcription, the property of this state; and at all times hereafter carefully to attend to the due prefervation, fafe keeping, cleaning and repairing of the fame, in fuch manner as he thall from time to time be required and directed to do, by the perfon adminiftering the government of this ftate, who is hereby authorifed from time to time, in his difcretion, to order and direct whatever relates to or fhall or may be neceffary in and about the premifes.

3 II. And be it further enacted, That it fhall be the duty of the faid commiffary of military ftores, and he is hereby required to report to the perfon adminiftering the government of this flate, at leaft once in every fix months, the true and actual state, difpofition and fituation, of all and fingular the warlike ftores, property, matters and things, intrufted to his care and fuperintendance, and

whatever in any wife appertains to or refpects his department as commiffary of military ftores.

III. And be it further enacted, That it fhall be the duty of the 4 faid commissary of military ftores, under the direction and with the approbation of the perfon adminiftering the government of this ftate, from time to time, as occafion may require, to difpofe of to the best advantage, all damaged powder, and all arms, ammunition, accoutrements, tools, implements and warlike ftores of every kind what foever, that fhall or may be deemed to be unfuitable for the ufe of the ftate, and from time to time to render a 5 juft and true account, of all fuch fales, with all convenient fpeed, to the perfon adminiftering the government of this ftate, and pay the proceeds of fuch fales into the treasury of this state.

IV. And be it further enacted, That it fhall be the duty of the 6 commiffary of military ftores, and he is hereby required, without delay, to caufe all and every of the arfenals, ftores and repofitories of warlike implements, to be put, kept and continued in perfect, complete and ample repair, under the direction and controul of the perfon adminiftering the government of this state. V. And be it further enacted, That it fhall and may be lawful 7 for the perfon adminiftering the government of this ftate, and he is hereby required from time to time, at his difcretion, to order, form and establish all neceffaty rules, regulations and orders, in any wife relative or appertaining to the conduct and duties of the commiffary of military ftores; and that it fhall be alfo his 8 duty to report annually to the legiflature, a true and particular ftate and fituation of all and fingular the premifes confided to or in any wife connected with the faid commiffary.

VI. And be it further enacted, That a juft and true account of 9 all and fingular the expences neceffarily incurred in and about the above premifes, fhall by the faid commiffary of military ftores be fairly and particularly stated and kept, and once at least in every fix months be delivered to the perfon adminiftering the government of this ftate, who fhall thereupon direct the comptroller of this ftate, to examine and audit the fame; and after fuch examination and auditing, the faid comptroller fhall, and he is hereby required, to draw his warrant on the treasurer, who is hereby required to pay the fame, for fuch fum or fums as fhall be audited and certified to be due as aforesaid.

VII. And be it further enected, That the annual falary of the 10 faid commiffary of military ftores fhall be increafed to five hundred dollars, to be paid quarter yearly.

I

Militia.

CHA P. CXX.

CONTENT S.

1. Adjutant General, his duty in diftributing the Militia Law. His Salary.

2.

18.

Official Letters, his account for, to be audited and paid. 13. Adjutants & Capts. their duty in refpect to fines and penalties. 17. Artillery, another regiment may be organized in New-York. 14. Beats of Companies, by whom to be arranged and fixed. 3. Brigade Infpector, penalty on, for neglect of duty.

ib.

10.

15.

If abfent, Brigadier to felect a proper officer to perform his duty.

To make return of officers who neglect to provide themfelves with uniforms.

Compenfation, if fines are infufficient for, how made. 6. Coafting Trade, perfons employed in, exempted from Militia duty.

16. Fines, how impofed and recovered.

7. Non-attendance, fines for may be encreased.

8. N. C. Officers, penalty for not warning Company to parade. 4. Officers for not returning Delinquents or Quakers, may be fined or cafhiered.

9.

11.

For not providing themselves with uniforms, liable

to be fined.

Hats and cockades, fafhion of.

12. Refignations, by whom to be approved.

5. Spectators, abusing any perfon on parade, to be put under guard.

An ACT to amend the Act, entitled "An Act to organize the Militia of this State."

I.

BE

Paffed April 5th, 1802.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That in addition to the duties now required by law of the adjutant-general of this ftate, it fhall be the duty of the faid adjutant-general, to furnish at the expence of the ftate, the commandants of regiments and companies, through the brigadier-generals, the militia law of this ftate, and for that purpofe the fecretary of this ftate is hereby required to have printed, under his direction, as many copies as may be neceffary of the faid law, and deliver them to the faid adjutant-general, as foon as may be, after the paffing of this act; and that the faid adjutant-general, may in his difcretion attend as heretofore, the review and infpection of any regiment or corps, any thing in this act contained to the contrary thereof in any wife notwithstanding.

II. And be it further enacted, That the faid adjutant-general 2 for his faid fervices, fhall have and receive an annual falary of eight hundred dollars, which shall be paid to him by the treafurer of this ftate, on the warrant of the comptroller thereof, in quarter-yearly payments, which warrant the comptroller is hereby directed to iffue.

III. And be it further enacted, That in cafe any brigade in- 3 fpector, fhall wilfully neglect or omit to perform the duties required of him by law, he fhall for every fuch offence forfeit and pay twenty-five dollars, to be recovered in like manner as the other penalties are by this act recoverable: And that in cafe the brigade infpector is, from any unavoidable circumftance, prevented from doing his duty, the brigadier-general may felect a proper officer from his brigade to do that duty, who fhall be entitled to receive fuch compenfation therefor, as the brigadier fhall deem adequate, to be deducted from the allowance made by law to fuch infpector.

IV. And be it further enacted, That all officers who fhall or 4 may refufe or neglect to make just returns, as by law directed, of all delinquents, or fhall neglect or refufe to make a return of the people called Quakers within their refpective beats, agreeably to the thirty-ninth fection of the act hereby amended, fhall be cafhiered or fined not lefs than twenty dollars nor more than fifty dollars.

V. And be it further enacted, That if any spectator or bystander, 5 fhall abuse, moleft or strike any one when on parade or under arms, the perfon fo offending fhall be immediately put under guard, kept at the difcretion of the commandant of the regi ment, company or corps, until the fetting of the fun of the fame day on which fuch offence fhall be committed.

VI. And be it further enacted, That perfons actually engaged 6 and employed in the coafting trade for fix months in the year, thall be exempted from military service, during fuch employ, in like manner as mariners are by law excepted and exempted.

VII. And be it further enacted, That the fine for delinquency 7 for non-attendance on parade may be increased fo as not to exceed five dollars: And further, that any non-commiffioned offi- 8 cer, who fhall neglect or refufe to warn the company to parade in the beat to which he belongs, when thereunto required by his captain or commanding officer, fhall pay a fine not exceeding fifteen dollars.

VIII. And be it further enacted, That it fhall be the duty of all 9 officers to furnish themfelves with their uniforms and fide arms, as by law directed, within fix months after the paffing of this act, or if hereafter appointed, within fix months after the receipt of their commiffion, and that in default thereof, every fuch officer fhall forfeit and pay a fine of twenty-five dollars; and it fhall be 10 the duty of the brigade infpectors, and they are hereby required to make particular returns of fuch delinquents to the commander in chief, ftating the name, grade and rank of every fuch delinquent.