West-Jersey pioneer., 1868-05-29


CHAPTER ONH HUNDRED AND SGvENTY-sEvEN.-supple
ment to an act entitled San act for the more effect
ua organization of the militia" approved April
sixth, eighteen hundred and sixty-fve.
l. Be it enacted by the Senate and General Assem-
bly, of the State Of New Jersey, That whenever the
quartermaste general Of this state, any military
officer of this state, charged with the care and re-
sponsibility of public property, and who shall have
given bonds the quartermaster general for the safe
keeping and return Of the same, shall by petition
verified by his oath or affirmation, represent to any
court of common pleas, that certain person, whom
he shall name in such petition, resident in said
county, has in his possession and illegally detans,
any arm or arms article or articles Of clothing or
equipments, the property of this state describing
the generally for the safe keeping and return
of which such person has not gwen bonds to the
quartermaster general or to the state, after demand
made for the same by the said military officer, or by
any person by him duly authorized to receive the
same, upon fling said petition it shall be lawful for
the said court to cause rule to be entered in the
minutes of said court ordering the party planned
against, to show cause at such short day the said
court shall appoint to deliver up the to the said
military officer by said day, to show cause on that
day before said judge why the shall not be so
deliv cred up copy of which said rule certified by
the clerk of said court shall be served on said de-
nquent personally, at least two entire days before
the day of hearing, or left at his residence place
of abode at least four entire days before such day
hearing which service may be made by any consta-
BILE of the county. A
2. And be it enacted; That if the said party com
planned against shall not deliver up said arm or arms
petition mentioned at, before the day Of hearing
appointed by the court show good cause to the
copy Of said rule according to law. It shall be lawful
for the said court to issue forthwith attachment
for contempt against said party, and he shall be held
as in contempt, and dealt with accordingly until he
shall comply with the order of the court or deliver
up said arms and article or articles of cloth
ing and equipments to the said military officer filing
the petition, or to the sheriff of the county for him.
and pay the reasonable costs of such proceeding to
be taxed by the court for the use of the county.
8. And be it enacted, That if the said person so
,,lai1 ot hafr
of hearing demand trial byjury, it shall be the duty
of said court to issue venre facias to the sheriff of
petent as urymen, according to law to be and appear
before said court atlsuch time shall be expressed
in such writ to make jury for the trial of such
Of the jury shall be against the party complain ed
aganstsand if he shall fail within reasonable time
to be fixed by the court to deliver the property and
pay the costs as aforesaid, he shall be deemed in
tempt, and proceeded against prescribed IN the
preceding section.
4. And be it enacted That the proceedings shall bs
conducted by the prosecuting attorney OF the county
where the petition is fled and the costs shall be paid
III the first instance by the sheriff of the county in
which the com plant is made.
s. And be it enacted, That it shall be the duty of
the quartermsster general, before furnishing uni
forms to the non omissioned officers and privates
who shall elect to be urn shed with such uniforms
by the state upon the requslton of the commandant
Of the company, count ntersigned by the commandment
of regiment or battalion and corps to which said
company is attached, to require the commissioned
officers to give bond with satisfactory security, that
the said uniforms shall be keptn the armory OF such
company for safe keeping for the of the compa-
N.Y. until the said uniforms shall be accounted for, as
provided in section sixteen of the to which this
supplement.
O. And be enacted, That it shall and may be law
fl for the quarermaster general of this state his
discretion, to cancel the bonds given for arms or
equipments, or other military property Of this state,
Dy any ofcer or officers of the militia Of tis state,
Whenever said quarermaster general shall be satisfied
py OF from the accounting of on behalf such officer
OF MS surety Or sureties for such arms equipments