Proviso. Application for enrol talion. of the act creating the same, and the said board shall possess full power and exclusive jurisdiction in regard to the lawful and proper use to be made of the several articles composing or in any way appertaining to the said uniform dress, at all times, and may prescribe such regulations as they may deem proper, prohibiting the using, disposing of, or loaning of any article of the same in any manner contrary to such regulations; and the battalion board shall prescribe such additional provisions to the said bill of dress as in their opinion may be required; provided, that such additional articles shall not be substituted for anything specified in the act creating the battalion; and any such provision once established shall not be changed by the said board, but shall become a part of the bill of dress as fixed by law. 6. And be it enacted, That it shall be lawful for any person ent in bat enrolled in the said Newark Brigade to attach himself to the said "City Battalion," by making application in the manner prescribed by the regulations established by the battalion board; and upon being enrolled in the battalion he shall thereby become subject to the orders and regulations of the battalion, and to that organization alone: when a person shall have thus transferred himself to the said "City Battalion," and shall produce satisfactory evidence to the battalion board of lawful prior service in the brigade, the said board may credit such person with such prior service, which, together with his satisfactory service in the battalion, shall entitle him to all the privileges and exemptions provided for in the act of April third, eighteen hundred and fifty-five, establishing the battalion. And in consideration of the foregoing, so much of the fifth section of the act to which this is a supplement as declares that "every non-commissioned officer and private of any company attached to this battalion shall be holden to do duty therein. for the term of seven years from the date of his enrolment," shall be so modified and amended as to place the said noncommissioned officers and privates upon a like and equal footing with all other enrolled members of the said Newark Brigade; it being expressly understood and declared, that service in the Brigade may be performed in any company of said brigade in which such enrolled member may be admitted. 7. And be it enacted, That there shall be attached to the Musicians. said battalion, in addition to the four companies already provided for, a band of musicians, not to exceed thirty, and a corps of field musicians, not exceeding three to each company, to be organized at such time as the battalion board may deem expedient, the whole to be under the control of a drum-major, or chief musician, or both, according to rank; the field corps to be under the immediate control of a sergeant of field music; the mode of appointment, and the respective duties of all of whom shall be prescribed by the battalion board: the said musicians shall be entitled to all the privileges and exemptions extended to the members of the battalion, and subject to all the penalties, liabilities, and restrictions appertaining to the said organization: the band herein provided for shall be deemed in law a company of the said battalion, and shall partake, equally with all other companies, of the powers, privileges, and advantages which have been or may hereafter be extended to the uniformed militia of which they form a part; and the field musicians herein provided for shall serve as members of the companies to which they are attached, and rank as privates in the same: in case any minor shall, with the consent and approbation of his parents or guardian, attach himself to the battalion as a musician, the father or guardian of such minor shall, in consideration of such service, be entitled to the privileges and exemptions extended to the members of the battalion, during the time that may elapse before such minor shall become liable by law to military duty. 8. And be it enacted, That it shall be the duty of the brigade paymaster of the said Newark Brigade to pay over annually to the paymaster of the "City Battalion" the full proportion of all moneys collected within the bounds of the said brigade for the use of the companies composing the Brigade paypay proporneys collectbattalion. master to tion of mo ed to city Proviso. Proviso. 1 Notices for parade, &c. same, which the several companies attached to the said battalion may be entitled to receive, according to the ratio of distribution heretofore established by law; and the said battalion paymaster shall annually, after deducting the arrears to the battalion fund, credit the balance remaining in his hands to the several companies attached to the battalion, pro rata, according to the number of members present at the annual inspection next preceding such distribution; the amount due to them respectively, to be paid on their drafts, and to be expended for military purposes exclusively; and every such draft shall be attested by the commandant of the company making the draft, and shall express on its face the object to which the proceeds are to be applied; and the expenses of the brigade board, required to be deducted from the said fund, are to be deducted from the balance of the moneys remaining in the hands of the brigade paymaster after paying to the said battalion paymaster the aggregate proportion of the several companies attached to the said "City Battalion," as hereinbefore directed: provided, however, that the said brigade board shall not be chargeable with any expenses whatever on account of the said battalion; and provided further, that in consideration of the exclusive jurisdiction conferred upon the said battalion board and battalion paymaster, the commandant of the said "City Battalion" shall not be a member of the brigade board of the said Newark Brigade, any law to the contrary notwithstanding. 9. And be it enacted, That in the said battalion, twentyfour hours' notice of any parade or drill shall be deemed sufficient lawful notice of an order in such case; and whenever, from the apprehension of a riot or disturbance of the peace, the services of the battalion may be deemed necessary by the governor of the State, the sheriff of the county of Essex, or the mayor of the city of Newark, then, and in that case any verbal or "signal" notice promulgated by the commandant shall be deemed a sufficient and lawful notice of an order for assembling the battalion for military duty; and legal service of all notices, or orders of whatever kind, shall in all cases be presumed unless the member disputing such service shall make affidavit to the contrary, in which case the service in dispute must be proved to have been made either by the delivery of a copy of the notice or order personally, or by leaving the same at the residence or usual place of business of such member, or by some other legal notification herein provided for. fore whoi 10. And be it enacted, That all oaths, affirmations, or affi- Onths, bedavits required to be administered, made, or taken by the taken. act entitled "An act establishing a militia system," approved April 17, 1846, or by any of the supplements thereto, or which may be required by any act respecting the Newark Brigade (heretofore known as the Independent Essex Brigade), or the said "City Battalion," or which may be required in the performance of any duty appertaining. to the militia service of this State, so far as relates to this battalion, shall and may be administered, made or taken by and before the commandant of the battalion, the commandants of companies respectively, or by the adjutant, or acting adjutant of the battalion, in the performance of his duties. as judge advocate, or clerk of the battalion board: and any person who shall wilfully and corruptly swear or affirm falsely, in or by any oath, affirmation, or affidavit adminis tered, made, or taken in pursuance of this act, such person shall be deemed guilty of perjury, and punished accordingly. Approved February 17, 1858. Preamble. Property not subject to tax. CHAPTER XXXV. A FURTHER SUPPLEMENT to an act entitled "An act to incorporate the Newark Orphan Asylum Association," approved February ninth, eighteen hundred and forty-nine. WHEREAS, by the act of incorporation, to which this is a Place of business changed. CHAPTER XXXVI. AN ACT to authorize the Iron Bank to change their place of business. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the stockholders and directors |