« PreviousContinue »
to be a lien at the expiration of six months after the first day
Ante, vol. 4, p. 653.
for the enrollment of the militia, the organization and
PASSED May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
$ 1. Section one of an act entitled “An act to provide for the enrollment of the militia, the organization and discipline of the National Guard of the State of New York, and for the public defense,” passed April twenty-third, eighteen hundred and sixty-two, is hereby amended so as to read as follows:
$1. All able-bodied white male citizens, and persons of lary duty." foreign birth who shall have declared, on oath, their intention
to become citizens under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, residing in this state and pot exempted by the laws of the United States, shall be subject to military duty, excepting:
1. All persons in the army or navy and volunteer forces of the United States.
2. Persons who have been or hereafter shall be regularly and honorably discharged from the army or navy of the United States, in consequence of the performance of military duty, in pursuance of any law of this state, and such firemen as are now exempted by law.
3. The commissioned officers wbo shall have served as such in the militia of this state, or in any one of the United States, for the space of seven years; but no officer shall be so exempt
unless by his resignation after such term of service duly accepted, or in some other lawful manner, he shall have been honorably discharged.
4. Every non-commissioned officer, musician and private, of every uniform company or troop raised or hereafter to be raised, who has or shall hereafter uniform himself according to the provisions of any law of this state, and who shall have performed service in such company or troop for the space of seven years from the time of his enrollment therein, shall be exempt from military duty, except in cases of war, insurrection or invasion.
Ante, vol. 3, p. 246. § 2. Section four of said act is hereby amended by adding at the end thereof as follows:
The officer or person making such enrollment shall, at the Enrolltime of making the same, serve upon each person enrolled a notice, by delivering the same to him personally, or by leaving it with some person of suitable age and discretion at his place of residence, that he is enrolled as liable to military duty, and that if he claims that he is for any reason exempt from military duty, he must on or before the fifteenth day of August then next ensuing, file a written statement of such exemption, verified by affidavit, in the office of the town or city clerk, to be designated in said notice; blank notices for such purposo shall be provided to such enrolling officer by the adjutant-general.
Ante, vol. 3, p. 247. 53. Section one hundred and nineteen of said act is hereby amended so as to read as follows:
$ 119. Whenever any company, organized under the pro- Armorles. visions of this act, shall have reached the minimum number of thirty-two non-commissioned officers and privates, the supervisors of the county in which such company district is situated may, at their discretion, upon the demand of the captain or commandant of such company, countersigned by the colonel of the regiment, together with the certificate of the adjutant-general that such company comprises thirtytwo non-commissioned officers and privates, who, as appears by the certificate of the colonel of the regiment to which such company is attached, regularly attend the drills and parades of said company, and have been furnished with arms, erect or rent within the bounds of such regiment, for said company, a suitable and convenient armory, drill-room and place of deposit for the safe keeping of such arms, uniforms, equipments, accoutrements and camp equipage, as shall be furbished such company under the provisions of this act, except in such places where a public armory shall then exist, the same armory to be used by several companies, or shall provide a regimental or battalion armory to be used by all the
Excused from drant
companies, as the inspector-general and the board of super-
Ante, vol. 3, p. 265.
hereby amended so as to read as follows: Regimental $ 183. The comptroller shall annually draw his warrant
upon the treasurer in favor of the county treasurer of each county, for the sum of five hundred dollars for each regiment or battalion, certified by the adjutant-general, to be organized according to the provisions of this act, within his county, or in case any regiment is organized in two or more counties, then the comptroller shall draw his warrant in favor of snch county treasurer within such regimental district as the adjutant-general may in bis certificate direct; which sum, together with the fines collected from delinquent officers, non-commissioned officers, musicians and privates, shall constitute the military fuud of such regiment.
Ante, vol. 3, p. 276.
$ 6. Add at the end of section three hundred of said act, as bir payment follows: Any person so drafted, who may be a member of
any religious denomination whatever, as from scruples of conscience may be adverse to bearing arms, shall be excused from said draft on payment to the clerk of the county by whom such draft is made, the sum of three hundred dollars, to be by said county clerk paid to the comptroller of the state, to be applied to the purposes mentioned in this act.
Ante, vol. 3, p. 294. $ 7. The fines of all persons who have been enrolled under the act entitled “ An act to provide for the enrollment of the militia, the organization and liscipline of the national guard of the State of New York, and for the public defense," passed April twenty-third, eighteen hundred and sixty-two, and who have neglected to attend the parade on the first Monday of September last, and which fines have not been paid at the time of the passage of this act are hereby remitted and released, and the warrants for the collection of the same, vow in the hands of the collectors or receivers of taxes, may be
returned uncollected as to the balance remaining unpaid. Disposition All moneys in the hands of collectors and receivers of taxes, collected." at the time of the passage of this act, which shall have been
collected in pursuance of said act, shall be paid to the several county treasurers in the county where said collectors and receivers reside. The several county treasurers shall pay to the comptroller on his order, as provided in section fifteen of said act, all moneys that may have been received by said
county treasurer, under the provisions of this act. Moneys S 8. All moneys paid to the comptroller, under the provicomptroller
. sions of the said act, shall be credited to the several counties
from which the same have been paid, and deducted by the comptroller from the several amounts required to be collected
Fines not paid, remit ted.
ed to the proper counties,
in said counties, for the state tax of the year commencing on the first of October next; and that the treasurer of each county, credit to each town in his county the sum of money actually collected and paid in to the treasurer. And the supervisors are required at their annual meeting next after the passage of this act, in making the assessments required by law, to credit each town in their county with the sum actually collected and paid in to the county treasurer of the county and credited as aforesaid.
$ 9. The reserve militia shall not be required to assemble Reserve for parade and inspection on the first Monday of September to parade next, as provided by section thirteen of said act; and the 1841 provisions of said act, so far as relates to the fines for neglect to attend the parade provided iu said law for that day, and the collection of the same, are suspended for the year eighteen hundred and sixty-three.
§ 10. This act shall take effect immediately.
sixteen, title one, part one of the Revised Statutes, enti-
Passed May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. Section twenty-five, article two, chapter sixteen, title one, part one of the Revised Statutes, is hereby amended so as to read as follows:
The commissioners of highways sball direct the clerk of the Tax wartown to make a copy of said list, and shall subscribe such overseers, copies, after which they shall cause the several copies to be delivered to the respective overseers of highways of the several districts in which the highway labor is assessed, and the acceptance of such list by any overseer to whom the same may be delivered, shall be deemed conclusive evidence that such overseer is duly chosen or appointed to such office, although the acceptance required by section eighteen, article two, title tbree, chapter eleven, has not been filed, as required by said section. $ 2. This act shall take effect immediately.
Ante, vol. I, p. 466.
When revenue stamps to be recorded,
When certified copy of
United States internal revenue, and for the certifying
Passed May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
§ 1. Whenever, to any instrument of writing, which may, by the provisions of law, be recorded in any public office, there shall have been affixed any stamp or stamps of the United States internal revenue, the officer whose duty it is to record such instrument of writing shall also record such stamp or stamps in connection with the record of such instrument.
S 2. Whenever, to any record, document or other paper, a atemp evi certified copy of which is declared by law to be evidence,
there shall have been affixed a stamp or stamps of the United States internal revenue, a certified copy of such stamp or stamps is hereby declared to be evidence, if the copy of such stamp or stamps shall be certified by the clerk or officer in whose custody such record, document or other paper is by law required to be, to have been compared by him with the original, and to be a correct transcript from the written or printed part thereof, and of the whole of such written or printed part; and if such officer have an official seal by law, such
certificate shall be attested by such seal. When puh $ 3. Any public officer who shall be required by law to affix mayteharse to any certificate or other instrument, in writing, made or
issued by him, any stamp, shall be entitled to charge and collect the price thereof, in addition to any fees or other compensation which he is now by law entitled to charge or receive, to be paid by the person for whose benefit such certificate or other instrument, in writing, is made or issued by such officer.
$ 4. This act shall take effect immediately.