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the occupants of said lot, claiming under him, shall produce to the said surveyor-general satisfactory proof of his or their being entitled, as sub-lessees of Peter Smith, to the pre-emption of said lot of land, under the acts in that behalf provided; and shall secure by mortgage, as near as may be conformably to the forms prescribed to be taken from such sub-lessees, such sum per acre for said lot as was exacted from the said other sub-lessees in said tract, computing interest thereon, and deducting such remission of interest as has been granted to the said other sub-lessees by an act for that purpose: And provided further, That the said surveyor-general shall not require for his satisfaction. the production of the original lease from the said Peter Smith, if reasonable evidence shall be offered him of the contents and loss thereof.

IV. And be it further enacted, That all such persons as were pur- 4 chasers and actual owners of land in the late Oneida, Cayuga and Onondaga reservations on the 3d day of April, 1801, who did not avail themselves of the benefit of the act, entitled "an act for the relief of the purchasers of lands in the late Oneida, Onondaga and Cayuga reservations," passed the 3d day of April, 1801, and who had on the 11th day of April, 1804, made improvements and actual settlements thereon, to the value of fifty dollars, shall be and are hereby entitled to the same remission of interest as though they had been actual settlers at the time of passing the said act: Provided, That satisfactory proof thereof be produced to the comptroller, within nine months after the passing of this act: And provided further, That Peter Smith, and owners of land deriving title under him, shall not be included within the purview of this act, nor entitled to its benefit.

26.

С НА Р. CLIV.

CONTENTS.

25. Artillery, flying, com. in ch. authorized to organize comps. of—28. Proviso. ... Their duty-27. Privileges-10. Inspect. returns of, by whom made. Powder and ball to be delivered to companies of.

16.

21. Captains of infantry, their duty in respect to exemption money from quakers. 3. Cavalry, regiments or squadrons of, may be divided by the com. in chief. To parade once a year by squadrons.

5.

9.

No longer to be inspected by inspectors of infantry.

7. Courts martial, by whom appointed-32. Duty of presidents.

2. Division, 5th, of militia, com. in chief may divide into two or more divisions. 17. Drafts from the militia, in certain cases, how made.

11. Exemption, 15 years serv. in art. or cav. to exempt from further military duty. 4. Fines for delinquency, collection of how enforced-13. In uniformed corps. 8....... How to be collect. and distributed-23. Regimental, how distributed. 13. Firemen, who inhibited from serving as such, without consent of officers. 6. Inspection returns of cavalry--10. And of artillery, by whom made. 18. Inspectors, persons doing their duty, how compensated.

19.

Who to certify sums due them-22. To receive their pay from the treas. 12. Juries, exemption from, to extend only to time of service in artil. and caval. 24. Musicians, bands of, how organized; their duty, and penalty on.

14. Officers hereafter appointed, within what period to report their acceptance. Staff, additional to be appointed pursuant to act of congress.

1.

33. Parades, annual, times of, established for the militia of this state. 40. Promotion, of officers in the corps of flying artillery and riflemen, regulated. 34. Persons incapable of duty by indisposition, to be so returned.

20. Quakers exemp. from mil. duty, on paying 4 dols. annually-21. How collect. 29. Riflemen, corps of, how organized.

35. Surgeons and their mates, not entitled to fees for certificates of exemption. 31. Veterans, (or men whose age excuses from mil. duty) com. in ch, may organ. 15. Volunteer corps, provision respecting officers of; disbandment of corps, &c. S $

YOL. F.

AN ACT further to amend the Laws respecting the Militia of this State. Passed April 8, 1808.

1 I.

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E it enacted by the People of the State of New-York, represented in Senate and Assembly, That in pursuance of the act of the congress of the United States, entitled "an act in addition to an act more effectually to provide for the national defence by establishing an uniform militia throughout the United States," passed March 2d, 1803, there shall be appointed in the militia of this state, one quartermaster-general, who shall rank as brigadier-general, and to each brigade of militia, one quarter-master of brigade, with the rank of major, and to each regiment one chaplain.

II. And be it further enacted, That it shall and may be lawful for the commander in chief to divide the fifth division of militia of this 3 state, into two or more divisions; and also to divide any regiment or squadron of cavalry in this state, into as many regiments or squadrons as he shall judge expedient.

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III. And be it further enacted, That when at any time a fine has been imposed for any delinquency of militia duty required by this act, or the laws hereby amended, and the property of the person, upon whom such fine has been imposed, cannot be found wherewith to satisfy the same, it shall and may be lawful for the officer to whom the warrant for levying and collecting such fine has been directed, to take the body of said delinquent and convey him to the gaol of the city or county, wherein such delinquent shall reside; and the gaoler is hereby directed to receive and keep him as debtors are kept in such gaol, for the space of thirty days, or until he shall have paid such fine, together with the costs of serving the said warrant, and the gaoler's fees; and a clause shall be inserted in the body of such warrant to authorize the taking and committing such delinquent as aforesaid.

IV. And be it further enacted, That one of the annual parades of the cavalry directed by law, for exercise, improvement and instruction, shall be by squadrons, at the time directed by the major-general, 6 or the officer commanding the division of cavalry; and it shall be the duty of the brigade inspector of cavalry, and in his absence of the major or commandant of such squadron, to inspect the same, and to make an inspection return thereof to the commanding officer of the regiment to which he belongs, within twenty days thereafter; and it shall be the duty of the commanding officers of each regiment, within twenty days thereafter, to make an inspection return of his regiment to the officer commanding the brigade to which he belongs, and it shall be the duty of the officers commanding brigades, within thirty days thereafter, to make an inspection return to the major-general or officer commanding the division of cavalry, and it shall be his duty on or before the first Monday in February, annually, to make an inspection return of his division to the commander in chief or the adju7 tant-general; and it shall be the duty of the commandants of squadrons, on the days of inspection, annually, to appoint a court martial for their respective squadrons, to consist of three commissioned officers, for the trial of delinquents of said squadron, which court martial shall meet at the time and place specified by the officers appointing 8 the same, and the fines imposed by said courts martial for delinquencies arising under this act, or the laws hereby amended, shall be col

lected by warrant under the hand and seal of the president of the said courts martial respectively, directed to any constable of the city or town where such delinquent dwells, in the same manner as other fines by this act, or the laws hereby amended, are directed to be levied, collected and paid; and that the monies arising from such fines imposed by said courts, shall be paid by the officers collecting the same, to the presidents of the respective courts martial, who shall deduct the fees allowed by law for the service of the courts martial, and the balance shall immediately be paid over by such presidents respectively, to the commandants of their respective squadrons and it shall be their duty annually, to divide the same equally among the commandants of the troops under their respective commands; and it shall not be the duty of the brigade inspectors of in- 9 fantry to inspect any troop or company of cavalry within this state, any law to the contrary notwithstanding.

V. And be it further enacted, That it shall be the duty of the offi- 40 cers commanding companies of artillery, immediately after being inspected by the brigade inspector of infantry, to make a duplicate inspection return of his company, and to transmit the same to the major, or officer commanding their respective battalions, and they shall make an annual inspection return of their battalions to the officers commanding regiments; and they shall make an annual inspection return of their respective regiments to the officers commanding brigades; and they shall make an annual inspection return of their respective brigades to the major-general or the officer commanding the division of artillery; and it shall be his duty to make an annual inspection return of his division to the commander in chief, or the adjutant-general, on or before the first Monday in February, in every year.

VI. And be it further enacted, That any person, who, after the pass- 11 ing of this act, shall serve in any company of artillery, or troop of cavalry, and shall actually uniform himself and serve in said company or troop for fifteen years, in addition to the privileges and exemptions allowed by law, shall be for ever thereafter exempted from doing militia duty in this state, excepting in cases of insurrection or invasion, and the certificate of the captain of such company or troop, countersigned by the commandant of their regiments respectively, shall be ample and complete evidence of such service: Provid- 12 ed always, That the exemption from serving on juries shall not extend to any person longer than he shall actually serve in said company or troop; and the privates and non-commissioned officers of the cavalry are hereby exempted from serving on juries.

VII. And be it further enacted, That when any person has engaged 13 to serve in any company of cavalry, artillery or light-infantry within this state, he shall not be permitted hereafter, without the consent in writing of the captain of the troop or company to which he belongs, to engage to serve as a fireman, in any fire-company in any city or county, which is now raised or hereafter to be raised; and it shall be the duty of the officers commanding any uniformed company, who by law are exempted from serving on juries, to return as a delinquent every non-commissioned officer and private who shall not appear on parade, in complete uniform of his corps, and for each offence he shall be liable to pay a fine not to exceed three dollars,

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VIII. And be it further enacted, That every officer, hereafter to be appointed, shall, within thirty days after he receives notice of his appointment, report his acceptance or non-acceptance to the commandant of his regiment, or be liable to pay a fine of fifteen dollars, to be recovered before any court having cognizance thereof, in the name of the adjutant of the regiment to which he belongs, which, when recovered, shall be paid to the commandant of the regiment, to be by him laid out and accounted for in like manner as other fines for delinquencies in his regiment.

15 IX. And be it further enacted, That no officer commissioned, or hereafter to be commissioned to raise volunteer corps, shall serve on courts martial until they shall severally have raised, uniformed and equipped according to law, eight non-commissioned officers and at least twenty-two privates, and have made a return thereof to the commandant of the regiment; and if such officer shall not within twelve months after the passing of this act, or the receipt of his commission, raise, uniform and equip the number of non-commissioned officers and privates above mentioned, the said corps shall be disbanded, and the commandant of the regiment shall thereupon report such disbandment to the commander in chief, who shall publish the same in general orders, and that whenever any such corps shall become disbanded the officers appointed to the same shall return to the beats of the several companies within which they severally reside and be liable to do duty therein.

16 X. And be it further enacted, That the commissary of military stores shall by the directions of the commander in chief, deliver to the officers commanding companies of artillery, or to their orders, so much powder and ball from the public stores as the commander in chief shall from time to time direct, for the purpose of enabling such officers the better to exercise and improve their respective companies in the use of the pieces.

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XI. And be it further enacted, That if at any time hereafter it should become necessary for the commander in chief to order a draft from the militia of this state for public service after the militia have been called out for exercise and improvement as many times as by law they could be called upon, in that case it shall be lawful for the commander in chief, by general orders, to direct the militia to parade for the purpose of making such draft, in the same way, under the same restrictions, provisions and penalties as they would be subject to for not attending any of the parades authorized by this act, or the laws hereby amended.

XII. And be it further enacted, That the provisions made in and by the third section of the act, entitled, "an act to amend the act, entitled "an act to organize the militia of this state," passed 5th April, 1802, for the payment of persons appointed by the brigadiergeneral to do the duties of brigade inspectors, in cases where, from unavoidable circumstances, the inspectors are prevented from doing their duty, shall be and hereby is extended to persons appointed by the brigadiers in cases where there is no inspector appointed in the brigade.

XIII. And be it further enacted, That in cases where there is no brigadier-general in any brigade of militia, the certificate of the offieer acting as commandant of the brigade, stating the sum due to the

brigade-inspector, or person acting as such, shall be as valid as if made by a brigadier-general, and it shall be sufficient authority for the comptroller for issuing his warrant to the treasurer for payment. XIV. And be it further enacted, That all persons, being of the 20 people called quakers, who would otherwise be subject to military duty, by virtue of the laws of this state, and who shall refuse personal military service, shall be exempted there from on paying annually the sum of four dollars each for such exemption; and it is hereby 21 made the duty of every captain of infantry, within three months after he shall have received his commission, and yearly thereafter, or of the commanding officer of such company of infantry for the time being, on the last Tuesday in May, to make a list of the names of all persons within his beat, being of the people called quakers, subject to military duty as aforesaid, and who shall neglect or refuse personally to perform the same, and deliver such list, signed by him, to one of the assessors of the town or ward, where such person so neglecting or refusing to perform such military service shall respectively reside; and the said assessors shall deliver the same list to the board of supervisors of the county wherein they reside, at the time that they deliver the assessment roll of the town or ward whereof they are assessors; and the said supervisors shall, at their first meeting after the delivery of such lists, cause tax lists to be made out according to such lists so delivered, with warrants thereon, under their hands and seals, directed to the collector of the ward or town in which such persons named in such lists respectively reside, for levying, within sixty days thereafter, the sum of four dollars, of the goods and chattels of each of the persons named in the same lists; and the said collectors are hereby respectively authorized and required to demand and receive of each of the persons named in such tax list, the said sum of four dollars; and in default of payment, such collector shall levy the said sum of four dollars by distress and sale of the goods and chattels of the person so neglecting or refusing to pay the same; and in case any person named in such tax list shall be under age, and live with his father or mother, or shall be then an apprentice or servant, the master or mistress, father or mother, as the case may be, shall be liable to pay the said sum of four dollars for such person so under age; and in default of payment, the collector shall levy the same by distress and sale of the goods and chattels of such father or mother, master or mistress; and the said respective collectors shall, within twenty days after the said monies shall be so collected, respectively pay the same to the city or county treasurer, first deducting their fees for collecting the same; and the said city or county treasurer shall, on or before the first Monday in March, in every year, respectively pay the same to the treasurer of this state, deducting his fees for receiving the same; and the collectors and city or county treasurers shall have the like fees for collecting and receiving the said monies, as they are respectively entitled to for collecting and receiving the monies raised for defraying the necessary and contingent charges of the said city or county; and the said monics, so paid into the treasury of this state, shall be incorporated with and become a part of the fund appropriated for the support of common schools, by the act, entitled "an act to raise a fund for the encouragement of common schools," passed 2d April, 1805; and the aforesaid captains or commanding officer, on failure of