I CHAP. XXI. An ACT directing the Comptroller to audit and pay certain ac- Passed October 24, 1814. I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the treasurer shall pay, on the warrant of the comptroller, to John F. Bacon, clerk of the senate, and to James Van Ingen, late clerk of the assembly, such sums of money as shall be certified by the comptroller to be due to them respectively, for making and preparing indexes to the journals of the two houses, to which none had before been made, and for the expences attending the printing of the said indexes, in pursuance of concurrent resolutions of the senate and assembly of the 13th April, one thousand eight hundred and fourteen. II. And be it further enacted, That the supreme court shall have power to issue commissions to one or more persons, at their pleasure, to take the deposition of any person residing out of this state, to be read in all cases under the act, entitled "an act for the tition of lands," passed April 12, 1813. par CHAP. XXII. An ACT concerning vessels in the port of New-York. Passed October 24, 1814. Orders may be given to sels. 1. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be lawful for the mayor, aldermen and commonalty of the city of New-York, at any remove vestime during the present war with Great Britain, when in their opinion the safety of the city shall require it, to remove, or cause to be removed, any ship or vessel lying or being in the port or harbor of New-York, excepting public vessels of the United States, and private armed vessels commissioned by the United States, from the said port or harbor to any other place in this state or in the state of New-Jersey. II. And be it further enacted, That before the removal of any Notice there! such ship or vessel, the said mayor, aldermen and commonalty shall of to be given. give twenty-four hours notice to some owner or agent having the care of such ship or vessel, if the owner or agent can be found in the city of New-York, requiring the said owner or agent to remove such ship or vessel from the port or harbor of New-York, and if such ship or vessel shall not be removed, in compliance with such notice and requisition, the same may then be removed by the said mayor, aldermen and commonalty as aforesaid, at the risk of the owner or owners of said ship or vessel. III. And be it further enacted, That the expence of removing Expence, how any such ship or vessel, shall be borne and paid by the owner or to be paid. owners thereof, and if he or they shall fail to pay the same, it may Forfeit in case of return. be paid by the said mayor, aldermen and commonalty, and such expence shall be a lien upon such ship or vessel. IV. And be it further enacted, That if any such ship or vessel, having been removed as aforesaid, shall during the present war with Great Britain, return to the port or harbor of New-York, and remain therein twenty-four hours, without permission from the said mayor, aldermen and commonalty, the owner or owners thereof shall forfeit and pay to the said mayor, aldermen and commonalty, one hundred dollars for every offence, and such ship or vessel may again be removed as aforesaid. CHAP. XXIII. An ACT to exempt the militia from arrest on civil process when ordered into service. Passed October 24, 1814. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That no non-commissioned officer, musician or private, ordered into the militia service of this state or of the United States, or who shall voluntarily enter into such service, or accepted as a substitute for any other person so ordered, shall be imprisoned on any civil process, either mesne or final, or be surrendered in exonoration of his bail in any action or proceeding now pending, or hereafter to be commenced for or by reason of any debt or contract, from the time of his being so ordered or entering into such service, or accepted as a substitute as aforeforesaid, till thirty days after he shall have left such service: Provided, That this act shall not extend to any person who shall have engaged a substitute, after his said substitute shall bave been accepted: And provided further, that it shall be lawful for any special bail to take his principal and make surrender immediately after he shall have left such service; and it shall be and hereby is made the duty of all sheriffs, constables, gaolers or other officers in whose custody such person may have been taken by any such process as aforesaid, to deliver up such prisoner to the order of any officer of the military corps to which he may belong. Certain sums CHAP. XXIV. An ACT to carry into effect sundry Resolutions of the Legisla ture, and for other purposes. Passed October 24, 1814. I. Be it enacted by the people of the state of New-York, reto be paid to presented in Senate and Assembly, That the treasurer of this state shall pay on the warrant of the comptroller, to the person administering the government of this state, such sums of money as shall be required by him to execute the concurrent resolutions of the the Gov. senate and assembly, agreed to on the twenty-second day of October instant. ough. II. And be it further enacted, That the commissioners of the Grant of land land office shall designate, and by letters patent grant to Thomas to T.MacdonMacdonough, his heirs and assigns, one thousand acres of the unimproved lands belonging to the people of this state, in the town of Sterling, in the county of Cayuga. Foreign stu III. And be it further enacted, That the provisions of the act entitled" an act to authorise the raising of troops for the defence of dents exemp this state," shall not be so construed as to extend to any student or ted from milistudents from another state, who shall be prosecuting their studies. in either of the colleges of this state. tia duty. be enrolled. IV. And be it further enacted, That all students from this Domestic stustate, belonging to any college within this state, who are liable to be dents, how to enrolled by the provisions of the aforesaid last mentioned act, shall be enrolled in the respective beats where their usual residence may be, and not in the beat where the college of which they are members is established, unless their own residence is also within the same beat. The Gov. to tain sums. V. And be it further enacted, That the comptroller be, and he is hereby authorised and directed, on the requisitions of his excel- draw for cer lency the governor, to draw his warrants on the treasurer for such sums of money as the governor shall deem necessary to meet the expences authorised, or to be authorised by the legislature during the present meeting, and that for the expenditure of all such monies the governor shall account with the comptroller. department may be established. VI. And be it further enacted, That it shall be lawful for the Q. Master's person administering the government of this state, to establish a quarter-master's department in this state, in such manner as he may direct, to appoint such and so many persons as he may deem proper and necessary for the payment of the troops at any time ordered into service by state authority, to take such security as he may judge sufficient, for the faithful discharge of their respective duties, and to compel the rendering of accounts for all monies placed in their hands for such purpose. CHAP. XXV. An ACT to amend an act, entitled " an act to organize the Militia of this state." Passed October 24, 1814. fusal to ap 1. Be it enacted by the people of the state of New-York, re- Penalty for presented in Senate and Assembly, That every commissioned of- neglect or reficer, non-commissioned officer, musician or private, of the militia pear when le of this state, who shall refuse or neglect to appear at any place of gally warned. rendezvous, when legally warned for actual service, under the authority of this state, shall, for such refusal or neglect, forfeit a sum not exceeding twelve month's pay nor less than one month's pay, to be determined by a court martial, to be appointed in manner hereafter to be provided; and every such delinquent commissioned offi Return of de be made. cer shall moreover be liable to be cashiered by the sentence of suck court martial, and to be incapacitated from holding a commission in the militia of this state, for a term not exceeding ten years, at the discretion of such court martial; and every such delinquent noncommissioned officer and private, shall be liable to be imprisoned by the sentence of such court, upon non-payment of the fine so adjudged against him, if not discharged within one callendar month, for every month's pay adjudged, in the common jail of the county in which he resides, without bail or mainprize. II. And be it further enacted, That it shall be the duty of inquents to each commandant of a company of militia, to make a return of the names of delinquents, with their places of residence, and of all delinquencies happening contrary to the provisions of this act, within six days after such delinquency shall happen, to the commandant of the regiment or separate battalion, to which he belongs; and it shall be the duty of such commandant of the regiment or separate battalion, within twelve days thereafter, to make a return of all such delinquencies to the commandant of the brigade to which he belongs, whose duty it shall be to cause the same to be delivered to the president of such court martial, when appointed, accompanied with an order for such court martial to proceed to the trial of delinquents, in which order the time of assembling such court, and proceeding to business, shall be specified. Courts mar ial, how to proceed. III. And be it further enacted, That courts martial for the trial of all such delinquents, shall be appointed in each brigade by the commandant of such brigade, and every such court martial shall consist of five commissioned officers, one of whom shall be a field officer, who shall be the president thereof, and that the president and any two members shall form a quorum to do business; that each member before entering on the business of such court, shall take the oath directed and prescribed in and by the act hereby amended, for members of a general court martial; and that the president shall appoint one judge advocate, not being a member of such court, and shall administer to him the oath directed and prescribed by the seventy-third section of the act hereby amended, who shall perform the duties enjoined on a judge advocate, directed and prescribed in and by the act aforesaid, in cases of general courts martial; and such president shall also appoint one marshal of said court, whose duty it shall be to summon such person who shall be returned as delinquent to appear and shew cause why he should not be subject to the penalties imposed by this act, for which Marshal's du- purpose the president of such court shall issue his summons directed to the marshal of such court, which shall be personally served, or by leaving a notice subscribed by such marshal, with some person of suitable age and discretion, at the usual place of abode of such delinquent, which shall be deemed a sufficient service, and every such delinquent shall be entitled to compulsory process for the attendance of his witnesses, which the president shall issue upon application made to him for that purpose. ty. Penalty for IV. And be it further enacted, "That every such marshal who neglect or re- shall neglect or refuse to serve any such suminons or other order, or shall neglect to return any such summons or other process, in his own proper person, to such court martial, without a sufficient excuse, shall be subject to such fine or imprisonment as a majo- V. And be it further enacted, That it shall be the duty of the Judge Advo VI. And be it further enacted, That each member of such court pay of the and the judge advocate, shall be entitled to two dollars for each court martial. day's actual attendence to the duties prescribed by this act; and the marshal shall be entitled to the same fees as are allowed to constables in and by the "act for the more speedy recovery of debts to the value of twenty-five dollars ;" and the president of such court shall report the time of service, and compensation due to every such person to the commandant of such brigade, whose duty it shall be to certify the same to the comptroller, and the comptroller shall thereupon issue his warrant, in favor of every such person, for the amount so certified, upon the treasurer, whose duty it shall be to pay the same out of any monies in the treasury not otherwise appropriated. |
