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ment of such exemption, verified by affidavit, at the head-quarters of such enrolling officer, to be designated in such notice; but it shall not be necessary to serve such notice upon any person so enrolled, whose name has been entered upon any previous enrollment in the same company district.
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8. The commander-in-chief shall cause to be published once a week for four weeks previous to the first day of August, in the newspaper designated in accordance with law as the State paper, a notice that the enrollment of persons liable to military duty in the State has been completed, and which notice shall also specify that any person who claims that he is for any reason exempt from military duty shall, on or before the fifteenth day of August then next ensuing, file a written statement of such exemption, verified by affidavit, with the enrolling officer of his district, or the commandant of the company or regimental district in which such person may reside; and a copy Persons of such notice, designating the places where exemp- exemption. tions may be filed shall, for the same period, be posted by each enrolling officer in some conspicuous place in his district; and publication of either of such notices shall be a sufficient notice of such enrollment to all persons named therein; the affidavit required by this section may be made before the enrolling officer or commandant of the district, who shall make no charge therefor.
9. Such enrolling officer shall not include in said enrollment, the names of any officers or members of the uniformed militia of this State, nor of the officers or members of any fire company, and the foreman of every fire company in any city, village or town, shall, before the fifteenth day of May in each year, file with such enrolling officer of the district in which such fire company may be located, a list containing the names of all persons belonging to their respective companies, which list shall show the town or ward in which each member of such company resides.
sons not in
$10. All persons claiming exemptions shall file a Persons written statement of the same, verified by affidavit, exemption. with the enrolling officer of the district in which such person may reside, on or before the fifteenth day of
Member of reserve
August, in default of which, such person shall lose benefit of such exemption, except such as are especially exempt by act of congress. The captain, commandant or other officer making such enrollment, shall thereupon, if such person be exempt according to law, mark the word "exempt" opposite the name of each person presenting such exemption; and if such exemption be permanent, the name of such person shall not be included in any subsequent enrollment. If any person shall swear falsely in such affidavit, he shall be guilty of perjury.
11. The persons thus enrolled shall form the reserve militia of the State of New York; those between the ages of eighteen and thirty years shall constitute the reserve of the first class, and those between the ages of thirty and forty-five years shall constitute the reserve of the second class.
12. Any member of the reserve militia may commilitia may mute for the military duty, and for the arms and accoutrements required by law, by the payment in each year of the sum of one dollar, which commutation shall be paid between the first day of July and the fifteenth day of August, to the collector or receiver of taxes in the town or ward in which such person may reside, for which payment the said collector or receiver shall give his receipt in such form as the commander-in-chief may prescribe; and moneys collected shall, by the collector or receiver be paid over to the treasurer of the county, to the credit of the military fund of the State, on or before the first day of September; at which time the collector or receiver shall transmit a roll of such persons as shall have paid such commutation to the commandant of the brigade district, except in the counties of New York and Richmond, where such rolls shall be transmitted to the commandant of the division; and the correctness of such rolls shall be verified by such collector or receiver. But no commutation paid under this section shall relieve any person liable to military duty from such duty in case of insurrection or invasion, or imminent danger thereof. Said collector or receiver of taxes shall, on or before the first day of July in each year, execute and deliver a bond
Bond to be executed by collector and receiver of taxes.
in like manner as other bonds are executed and delivered by such collector or receiver, that he will faithfully pay over all moneys and perform all duties in respect thereto required by law.
13. The reserve militia of the first and second Parade of classes, except such as shall have paid commutation, militia as provided in the preceding section, shall assemble at their several company districts, armed and equipped as provided by law, for parade and inspection on the first Monday in September in each year, at such hour and place as the captain or commandant shall designate in orders, to be posted in three public places in said company district for ten days, and shall be under the orders of the captain or commandant of said district; and such captain or commandant shall make a register of all such as shall attend such parade, armed and equipped as aforesaid, and shall transmit a duly certified copy of such register, on or before the fifteenth day of September, to the commandant of the brigade, except in the counties of New York and Richmond, where such register shall be transmitted to the commandant of the division, but in all cases such registers shall be transmitted through the intermediate commanders. And in any county which has not been divided into company districts, and in which there are no officers to comply with the above provisions, the commandant of the brigade shali designate some capable officer from his command to attend to all the requirements above named. And in any locality where there is no brigade organization, the division commander shall in like manner detail a suitable officer from his command for the performance of these duties. The officer performing this labor may, in the discretion of the commanderin-chief, receive such pay for the same as is provided in section one hundred and seventy-four, military code.
14. All persons who shall neglect to attend such parade, and who shall have omitted to pay the commutation therefor, as provided by section twelve of this act, shall be reported as delinquents, and shall be liable to a fine of three dollars. The several brigade commanders shall, with the approval of the
In case are no resi in a district
Fine for not
made by the officer to brigade command
County trea mit to comp
surer to re
commanders of their respective divisions, appoint in each regimental district, one or more officers, before whom such delinquents shall be cited to appear, by order of the brigadier-general, on the first Tuesday after the first Monday in October; and such officers so appointed, shall have power, under the regulations of the commander-in-chief, to determine the facts of such delinquency, and if such delinquents shall not prove their exemption by commutation or otherwise as provided by law, the officer so appointed shall have power to impose a fine, as above provided, which shall be collected in the same manner as fines and penalties imposed by military courts are now collected, all the provisions of law concerning which shall apply to the fines contemplated in this section. And the officer so appointed to determine such delinquencies, shall have the same powers, and be subject to the same regulations as are imposed on the presidents of courts-martial, as provided by section two hundred and five of this act; and any such officer who shall be guilty of disobedience of orders, or neglect of, or malpractices in such duty, shall be liable to the penalties imposed by section two hundred and sixteen of this act.
§ 15. The officer appointed to determine delinquencies shall, immediately after the performance of such duty, report his proceedings to the commander of the brigade, and the marshal or other officer who shall collect such fines, shall pay the same to the county treasurer, to the credit of the military fund of the State. The county treasurer of each county, shall, on the first days of February and October, in each year, remit to the Comptroller of the State, all moneys received by him and in his hands, credited to the military fund of the State, which moneys shall be kept distinct from other funds in his possession.
18. The commander-in-chief shall issue such orders and regulations, and cause to be provided such books, and blank forms and returns, as may be necessary to secure the enrollment, and the collection of commutation moneys and fines and penaltios as herein provided; and there shall be allowed to the military officers ordered on duty, in making such
enrollment and collecting such fines, a reasonable compensation, not exceeding the rates allowed by section one hundred and seventy-four of this act, except that officers below the rank of captain, may receive the compensation allowed to officers of that rank; which compensation shall be fixed by the commander-in-chief, and under his orders paid by the paymaster-general. The treasurer of any city or county to whom any commutation money or fines shall be paid, may retain therefrom one per cent as his fees for receipt and care of the same; and all collectors or receivers of taxes shall be entitled to add to and collect five cents as fees from each person paying such commutation.
26. Company officers shall use their best efforts to obtain sufficient volunteers to raise their respective companies to the number of at least forty-five noncommissioned officers and privates, which number is hereby fixed as the minimum, and one hundred as the maximum organization.
§ 30. Each division shall consist of not less than two brigades, each brigade not less than two regiments, each regiment not less than eight battalion companies, of forty-five non-commissioned officers. and privates. Whenever any company shall fall below the number of forty-five non-commissioned officers and privates, such company may be consolidated or disbanded; and whenever any regimental organization shall fall below the number of eight battalion companies, or an aggregate force of three hundred and sixty non-commissioned officers and privates, such regiment shall thereupon be designated as a battalion, but shall retain its regimental number, unless such battalion shall be consolidated or disbanded.
102. In the department of the commissary- Commisgeneral of subsistence, there shall be a commis-eral of subsary-general of subsistence, with the rank of briga- sistence. dier-general, and such commissaries of subsistence as may be otherwise provided by law.
121. In case such armory shall not be erected or rented by the supervisors for the use of such company, the commandant of the regiment, in his dis
ant of regi armory un circumstan
ment to rent