The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-15
The New York Militia Laws.

The New York Militia Laws.
AN ACT making further provisions for the organiza
ton of the militia and to amend the act passed May
49, lS47, entitled An act to provide for the enrol
ment Of the militia and to encourage the formation
OF uniform companies, excepting the first military
division Of this State.n
Passed April TO- 1s49, majority Of all the members
elected to the Senate and Assembly voting therefor,
and twothirds Of all the members present concurrng'
The people Of The State of New York. represented in Senate
and assembly do enact as tollo,os:
Section i. The cOmmander-in-chief s hereby
thorzed and empowered, II in his opinion the public
service should require it, assign the command of any
of the military brigade rcgimental districts to any
brgader general colonel residing therein, without
regard to rank, and to designate any lieutenant colo
mel anu major to act as such and the officers to whom
the command shall be assigned and who shall be SO
designated shall be subjected to the penalties
any existing militia law
See The commander-in- chief may, in his discre-
tion appoint any individual to perform the duty of en-
rolling all persons subject to military duty within the
bounds Of the company district in which he shall
commandant of company district, and shall act rs
such, until the organization of uniform company and
the individual SO appointed shall be paid for his
vices, out OF the military communication fund in the
hands OF the county treasurer, such as shall be
fixed by the board of officers organized to the
provisions of the act hereby amended
Sec 3. All officers rendered supernumerary by the
passage OF any act OF the legislature, Except those
who shall be assigned to duty by the oommandeT-in-
regularly enrolled in the company district in which
they shall reside, but shall be exempt from the per-
sion instruction upon exhibiting to the command
ing officer of the regmenta district in which they shall
reside certificate from the adutant general that they
have reported themselves to his Office wishing
tain their rank supernumerares; and in order
title them to such certificate they shall make to him
written report, setting forth their rank and date of
commission.
See A. 1t shall be the duty of the county treasurer
into whose hands the Communication money and fines
belonging to any regiment shall have been paid to pay
to the officers who shall have performed the duty Of
enrolling within the bounds of the regiment to which
belong. a bcen fxel
by the board of officers organized pursuant to the pro-
visions Of section ninety-seven Of the act hereby
amended and he shall also pay such bills for printing,
and other contingent expenses of the regiment shall
have been audited and allowed by such board of off,
GERS and such moneys shall be paid the draft or
order OF the president of such board
Sec 8. The commanding officer of regiment, in case
time appointed by him. pursuant to the provisions of
section sixty nine of the act entitled can act to pro-
vide for the enrolment of the militia, and to encourage
the formation Of uniform companies, excepting the
first military division Of this State" passed May 10,
lS47 shall one ofhis field officers to act in his
behalf and the officer so designated shall have the
same power and authority and his decisions shall be
Of the force and effect, and he shall receive the
same compensation, as if he the commanding Off
Of the regiment.
Sec. 6. The commanding officer of each regiment is
authorized to appoint, under his hand and seal
marshal, but may also execute all process lawfully
issued by such officer and perform all and duties
imposed on and authorized to be performed by any
sheriff marshal or constable by chapter ten title ten
part first of the Revised Statutes hird edition. or by
the act passed May 13 1sl7 and hereby amended and
such marshal shall be entitled to be paid out of the
military communication fund belonging to the regiment
for which he shall act the of two dollars for each
day actually spent by him in attending upon the officer
while sitting to hear appeals and for all other services
rendered by him, the compensation allowed to
constables in like cases
Sec 7. Every collector receiver Of taxes Of any
town or ward and every constable, marshal sheriff,
and every commissioned officer who shall refuse neg
ect to pay to the county treasurer Of the county
in which he shall reside, any military fines commu-
tation received by him, shall be deemed guilty Of
Sec g. Section eightyfve Of the said act passed May
49, 1s47 hereby amended so that it shall read fol-
lows @ Sec S. All county treasurers shall report to
the adjutant general Of this State, before the
fifteenth day Of December in each year. the amount of
all moneys received by them respectively for fines and
communication specifying in such report the amount
ceived from the collector Of each town ward for
mutation and the amount received for fines the dates
when received and the amount ex ended and for what
distinguishing in such report between the amounts
paid for the performance of military duty, and the
amounts paid for enrolling and other contingent
penses."
Sec. o. All persons liable to military dutyma pay
to the collector or receiver Of taxes of the town
seventy five cents, ut any time between the day
Of April and the first day Of August in each year
accurate account of the Of all those who shall
pay him previous to the receipt Of the lists required
be furnished him by the commanding officer Of each
company district, and shall note such upon said
lists, and If any shall have paid whose not
upon such lists he shall add them thereto and return
them to the county treasurer and commandant of the
company district pursuant to the provisions Of section
Of the act hereby amended and all persons
enrolled may be notified thereof at any time previous
to the annual parade or encampment
Sec 10. Section sixty-fve Of the said act passed
May 49, 1S47 is hereby amended by striking out the
words first day of june and inserting in lieu there
Of the words fifteenth day of July"
Sec IL. II the commander in. chief shall deem that
the location Of any rcgimental srmory, made by the
brgadier general not the most suitable place for tho
convenience Of the regiment he Is hereby authorized
and empowered to locate the at such place he
shall deem proper.
Sec IL. The officers non-commissioned officers mu-
scians and prvates Of any cavalry or artillery COM
pany. shall receive dollar per day for each horse
actually used by them at any annual parade or en-
campmcnt.
Sec. 49, The provisions Of section seventy five Of
title ten Of chapter ten, Of part first of the revised
statutes, Ohrd edtion) are hereby extended TO all
prvatcs of uniformed militia throughout the State
Sec H. All acts Inconsistent herewith, are hereby
repealed.
49, 1s47 is hereby amended by striking out the word
eight therein, and inserting in lieu thereof the
word sx,' and by striking out the words " other
than flank companies"
Sec l6 The Act in relation to the militia passed
May 10. 1s46, Is hereby repealed.
Sec L. This act shall not apply to the first military
division district.
See 1s section ninety six Of the said act Is hereby
amended by striking out the word colonel " therein,
and inserting the words brgadcr general in lieu
thereof.
Sec. 10 This act shall take effect Immediately.
| STATE Of Nso York Secretayy's Office:
have compared the preceding with the original laws
on file in this Office and do certify that the are
correct transcripts hercfom and of the whole Of the
CHRISTOPHER MORGAN, Secretary Of State
Marine Affairs.
| The hshburten and the Guy Manncring arrived on
| Thursday the Goth. The Ashburton brings papers
one day later than the Guy Mannerng and for. DAYS
| later than the steamer. The Ashburton left New
York about i've hours after the Guy Mannsring, and