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$60. Each brigade-inspector shall keep a roster of all the officers ART. 3. in his brigade, below the rank of major.

Roster.

and exemp

lery not in

$61. All officers, non-commissioned officers, privates, and musi- Privileges cians, of any troop, or company of artillery, not in the city of New- tions of artil York, now attached to the command of the commandant of the sixth New-York. brigade, or to any regiment thereof, shall continue to be attached to the same; and while so attached, they shall be entitled to all the privileges and exemptions, that are enjoyed by the officers, non-commissioned officers, and privates, of such brigade of artillery, and be subject to the same duties, and in like manner answerable for all delinquencies and offences.

ARTICLE THIRD.

Of the First Brigade of Light Artillery.

SEC. 62. What to compose "first brigade of light artillery;" how to be equipped.
63. Rights, privileges, exemptions and duties, of said brigade.

posed and

$62. The two regiments of light artillery, in the counties of New- How com York, Kings, Queens, Richmond, Suffolk, and Westchester, now or- equipped. ganized into a brigade, shall continue to be a brigade, to be denominated the "First Brigade of Light Artillery ;" and the several troops and companies composing the same, shall be armed and equipped as cavalry, and liable to duty as light artillery; but nothing in this section contained, shall prevent the commander in chief from disbanding said brigade, if, in his opinion, it shall become proper or expedient.

and exemp

$63. The officers, non-commissioned officers, musicians, and pri- Privileges vates, belonging to such brigade, shall have and enjoy, all the rights, tions. privileges, and exemptions, and be subject to all the duties, as to the number of parades, both of officers, non-commissioned officers, and privates, and liable to the same penalties, which are granted to, and imposed upon, the first and sixth brigades of New-York state artillery, and any troop, or company of light artillery, attached thereto.

ARTICLE FOURTH.

Other Special Provisions.

SEC. 64. Certain sections to extend to certain regiments, battalions and companies in Albany, Rensselaer and Schenectady.

65. The officers of such regiments shall meet for military improvement not less than eight times a year.

66. Officers absent from such meeting, to be fined not less than two, nor more than five

dollars; delinquents to be reported.

67. Certain section extended to Albany.

63. Persons under eighteen years of age in New-York, not allowed to enlist in cavalry

or artillery.

69. No regimental or battalion parade required in Hamilton county; companies annually to be inspected by their captains.

$64. The first, second and third sections of the ninth Title, and the third and fourth sections of this Title, shall extend to the several re

Rensselaer and Scheneetady.

TITLE 10. giments, battalions, and companies of artillery, light artillery, cavalry, light infantry, and riflemen, in the city and county of Albany, in the county of Rensselaer, and in the city and county of Schenectady, so long as such regiments, battalions, and companies, shall keep themselves uniformed, armed and equipped, according to law, and to the uniform and equipments of their respective corps.

Ib.

ть.

Albany.

New-York.

Hamilton
County.

$65. The officers, non-commissioned officers and musicians of such regiments, battalions, and companies, shall meet for military improvement, not less than eight times in each year, at such hours in the day as may be directed for that purpose; three of the said meetings to be ordered by the commandants of brigades, and the residue, by the commanding officers of regiments, or separate battalions.

$66. Every such commissioned officer, who shall absent himself from any such meeting, without such excuse as the officer ordering the meeting shall deem sufficient, shall be subject to a fine of not less than two, nor more than five dollars, for every such offence. The names of such delinquents shall be returned to the proper court-martial by the brigade inspector, or the adjutant, as the case may require, within thirty days after such meeting.

$ 67. The provisions and requirements of the sixth section of this Title, shall apply to the city of Albany.

$ 68. Persons under eighteen years of age, in the city of NewYork, shall in no case, be permitted to enlist in any company, or troop of cavalry, artillery, or light artillery, light infantry or riflemen.

$69. The militia in the county of Hamilton, shall not be requir ed to parade at any battalion or regimental parade; but the captains of the several companies, shall annually inspect their several companies, and make inspection returns thereof, to the brigade inspector, on or before the first day of November, in each year, and shall also make return of delinquents, to the judge-advocate of the brigade, on or before the first day of October, in each year.

CHAP. XI.

Of the Powers, Duties, and Privileges of Towns.

TITLE 1.-Of towns, as bodies corporate.

TITLE 2. Of town meetings, and the time, purposes and manner of hold

ing them.

TITLE 3. Of the election and qualifications of town officers, and the te nure of their offices.

TITLE 4.--Of the general duties of certain town officers, and of various matters connected therewith.

TITLE 5.-Of legal proceedings in favor of, and against towns.
TITLE 6.-Miscellaneous provisions of a general nature.
TITLE 7.--Local and special provisions.

TITLE I.

OF TOWNS, AS BODIES CORPORATE.

ART. 1.-Of the powers and rights of towns, as bodies corporate.

ART. 2. Of the effects of the division of a town, on its corporate rights and liabilities.
ARTICLE FIRST.

Of the Powers and Rights of Towns, as Bodies Corporate.

SEC. 1. Powers of towns as bodies corporate, defined.

2. Limitations of those powers.

3. In what name towns to act.

SECTION 1. Each town, as a body corporate, has capacity,

ART. 1.

Powers of towns as bo

1. To sue and be sued, in the manner prescribed in the laws of dies corpo this state:

2. To purchase and hold lands within its own limits, and for the use of its inhabitants, subject to the power of the legislature over such

limits:

3. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its corporate or administrative powers: And,

4. To make such orders for the disposition, regulation or use of its corporate property, as may be deemed conducive to the interests of its inhabitants.

rate.

$2. No town shall possess or exercise any corporate powers, ex- Limitation. cept such as are enumerated in this Chapter, or shall be specially given by law, or shall be necessary to the exercise of the powers so enumerated or given.

to act.

$3. All acts or proceedings by or against a town, in its corporate In what name capacity, shall be in the name of such town; but every conveyance of lands within the limits of such town, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the town by name.

ARTICLE SECOND.

Of the Effects of the Division of a Town, on its corporate
Rights and Liabilities.

SEC. 4. When a town owning lands is divided, supervisors and overseers of the poor, may
make such agreement as they shall think equitable, for the disposition of such
lands.

5. When a town is altered in its limits, supervisors and overseers may make like agreement.

6. If no agreement be made within six months, land to be sold, and proceeds appor

tioned between the towns.

7. Personal property of a town divided or altered in its limits, to be apportioned, and how.

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TITLE 1. SEC. 8. Meetings required under this Article, may be called by either of the supervisors;

Town lands how to be

on division of

town.

three days' notice to be given.

9. Burying grounds excepted from preceding Articles; to belong to town within which they may be situated.

10. Debts owing to a town divided or altered, to be apportioned in the same manner as

personal property.

11. This Title not to apply to gospel and school lots.

$4. When a town seised of lands shall be divided into two or disposed of, more towns, the supervisors and overseers of the poor of the several towns constituted by such division, shall meet as soon as may be, after the first town-meetings subsequently held in such towns, and when so met, shall have power to make such agreement, concerning the disposition to be made of such town lands and the apportionment of the proceeds, as they shall think equitable, and to take all measures and execute all conveyances which may be necessary to carry such agreement into effect.

Ib. when part

of town is

another.

$5. When any such town shall be altered in its limits, by the annexed to annexing of a part of its territory to another town, or towns, the supervisors and overseers of the poor of the town from which such territory shall be taken, and of the town or towns to which the same shall be annexed, shall, as soon as may be after such alteration, meet for the purpose, and possess the powers provided in the last preceding

If no agreement be

to be sold.

section.

$ 6. If no agreement for the disposition of such lands, shall be made, lan made by the supervisors and overseers, within six months after such division or alteration, then the supervisor and overseers of the poor of each town in which any portion of said lands shall lie, shall proceed, as soon as may be, to sell and convey such part of said lands as shall be included within the limits of such town, as fixed by the division or alteration; and the proceeds arising from such sale shall be apportioned between the several towns interested therein, by the supervisors and overseers of the poor of all the towns, according to the amount of taxable property in the town divided or altered, as the same existed immediately before such division or alteration, to be ascertained by the last assessment list of such town.

Personal pro- 57. When a town possessed of or entitled to money, rights and apportioned. credits, or other personal estate, shall be so divided or altered, such

perty, how

Meetings un

der this Article, how call ed.

personal estate, including monies belonging to the town in the hands of town officers, shall be apportioned between the towns interested therein, by the supervisors and overseers of such towns, (who shall meet for that purpose as soon as may be after the first town-meetings subsequently held in such towns,) according to the rule of apportionment above prescribed.

$ 8. Whenever a meeting of the supervisors and overseers of two or more towns shall be required, in order to carry into effect the pro

visions of this Article, such meeting may be called by either of said ART. 1. supervisors; but the supervisor calling the same, shall give at least three days' notice in writing to all the other officers, of the time and place at which such meeting is to be held.

excepted.

$9. The preceding sections shall not, however, apply to any cem- Cemeteries etery, or burial ground; but the same shall belong to the town within which it may be situated, after a division shall have been made.

apportioned.

$10. Debts owing by a town so divided or altered, shall be ap- Debts to be portioned in the same manner as the personal property of such town; and each town shall thereafter be charged with its share of such debts, according to such apportionment.

school lots.

$11. Nothing contained in this Title shall apply to any of the Gospel and lots heretofore granted by the people of this state to any town, for the support of the gospel and of schools, commonly called the gospel and 15, Title 4.) school lots.

See post ch.

TITLE II.

OF TOWN-MEETINGS, AND THE TIME, PURPOSES AND MANNER OF
HOLDING THEM.

ART. 1. Of annual and special town-meetings.

ART. 2. Of the mode of conducting town-meetings.

ARTICLE FIRST.

Of Annual and Special Town-Meetings.

SEC. 1. Annual town-meetings where held.

2. Annual town-meetings when held; time to be fixed by electors; not to be altered
within three years after the time when it was so fixed.

3. Enumeration of officers to be chosen at town-meetings.

4. Assessors and commissioners of highways to be fence viewers.

5. Powers of electors at annual town-meetings.

6. Additional power in regard to the poor, in certain cases.

7. Special town-meetings when to be held, and for what purposes.

8. When notice is to be given of a town-meeting.

9. Orders and regulations of town-meetings to be in force until repealed or altered. 10. No civil process to be served, on the day of town-meeting, on any elector.

$1. The citizens of the several towns in this state, qualified by Annual town

meetings,

the constitution to vote for elective officers, shall annually assemble when held. and hold town-meetings in their respective towns, at such place in each town, as the electors thereof at their annual town-meeting shall from time to time appoint.1

ing annual ings.

32. Each town shall hold its next annual town-meeting on the Time of holdday now provided by law for such town, and the electors thereof shall town-meetthen, and immediately before proceeding to the choice of town officers, fix the time for holding the annual town-meetings in such town; and all annual town-meetings in the respective towns, shall thereaf

(1) 2 R. L. 125, § 1 & 5; Laws of 1823, p. 207, § 5.

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