HomeMy WebLinkAboutMilitary Roll 1851 (2)�a�utant-�etretrxl'� �t�c�,
ALBANY, DIAY 1, 1851.
Pursuant to the provisions of an act of the Legislature, passed April 16, 1851, entitled 't An act for the
enrollment of the militia, to abolish militia fines in certain cases, and to exempt members of uniform com-
panies from working on highways, and serving on juries," the Adjutant,-General has prepared this book, as
the form of the roll to be used by the assessors, ana hereby issues the following instructions and forms to
govern there in the performance of their duties under the said act.
L, WARIP SMITH,
Adjuton,t- Generat
Parts of the Militia Law of 1851, which relate to Assessors,
� 3. The assessors chosen in each city, village, town or yard, shall annually, between the first daysof May and July hi gnrnlment.
each year, make out a roll which shall contain the names of all persons in their respective assessment districts between the
ages of eighteen and forty-five years, liable to be enrolled by the laws of` the United States, arranged alphabetically, and
shall make three fair copies thereof for the purposes hereinafter directed.
v 4. It shall be the duty of the adjutant -general to prepare a roll, in such style and form as he shall deem most conve- Adj't-Gen'1
nient and proper, for the use of the assessors, and in addition to the naives, as herein directed, the assessors shall take and to prepare a
set down in separate columns to be designated on said roll, opposite to each name, such further information as the adjutant- roll.
general may deem important and requisite, to comply with the law of Congress.
(j 5. The adjutant -general shall attach to said roll, such instructions as shall enable the assessors to carry out the provi- Adj't-Gena
sions of this act, and on or before the 20th day of April, in each and every year, he shall furnish to the supervisors of each to prepare
city, village, town or ward in this State, sufficient numbers of said roll, so prepared, as aforesaid, to enable the said assessors instructions.
of the towns, villages, cities or wards, to carry out the provisions of this act. The supervisors shall deliver the said rolls to
the assessors immediately upon receiving the same from the adjutant -general.
( 6. The assessors shall sign the copies hereby required to be filed and delivered, and shall attach thereto an affidavit Assessors
substantially as follows : shall make
" The undersigned, assessors of the town of in the county of being severally sworn, say that they affidavit.
have made strict and diligent inquiry to ascertain the names of all persons required to be enrolled, as liable to military
duty, by the laws of the United States, residing in said town, village or ward of that the roll hereto annexed is as
near as ttLese deponents can ascertain, a correct roll of all persons, residing in said town or ward, who are liable to be en-
rolled." The said affidavit may be taken before any officer authorised by law to take affidavits, whose duty it shall be to
take the same without fee or reward.
§ 7. All tavern keepers, keepers of boarding houses, persons having boarders in their families; and every master and Duty of tav-
mistress of any dwelling house, and head of quaker or shaker societies or communities, shall, upon the application of any ern keepers,
assessor, give information of the names of all persons residing or lodging in such house, or belonging to such society or &c.
community, and liable to be enrolled, and all other proper information concerning such persons as such assessor may
demand.
� 8. If any person of whom information is required by any assessor, in order to enable him to comply with the provi- Penalty for
sions of this act, shall refuse to give such information, or shall give false information, he shall forfeit and pay ten dollars for refusing, &c.
each item of information demanded of him by any assessor and falsely stated, and the like sum for each individual name information.
that may be refused, concealed, or falsely stated; and every person who shall refuse to give his own name and proper infor-
mation when applied to by any assessor, or shall give a false name or information, shall forfeit and pay a like sum, to be
recovered in any court of competent jurisdiction, in the name of the commanding officer of the regiment, and it is hereby
made the duty of the assessors to report the names of all persons who may incur the penalty in this section prescribed to
the commandant of the company district in which they reside.
§ 9. As soon as the roll is completed, the assessors shall forthwith cause notices thereof to be put up in three of the Notice of
most public places in the village, city, town or ward, which notices shall set forth that the assessors have made their roll of enrolment,
all persons liable to be enrolled according to the laws of the United States, and that a copy thereof is left with one of their
number to be designated in such notice, at some place to be specified therein, where the same may be seen and examined
by any person interested therein, during twenty days; the assessor with whom such roll is left, shall submit the same during
the twenty days specified in such notice, to the inspection of all persons who shall apply for that purpose.
0 10. Any person whose name appears on the said roll, and who claims that he is not liable to military duty, on account Affidavit to
of some physical defect or bodily infirmity, or that he is exempt from the performance of military duty by any law of this be made by
State, or of the United States, may, within the said twenty days, and not after, file with the assessor having such roll an persons
affidavit stating such facts on which he claims to be exempt or not liable to do military duty. Such affidavit may be made claiming to
before the assessors or one of them, either of whom is hereby authorized to administer an oath for that purpose, and the be exempt.
assessors shall cause all such affidavits to be filed in the office of the city, village, or town clerk, and if any person shall swear
falsely in such affidavit, he shall be guilty of perjury.
4 11. On some day or days after, in the first week in August, the assessors shall meet and determine who are exempt or Assessors to
not liable to do military duty, and in a column prepared for that purpose in such roll, opposite the name of each person not determine
exempt, shall insert " fifty cents," and opposite the name of each person not liable to do duty shall insert " exempt," or isnot who are
liable," as the case may be; and opposite the name of all members of uniform companies on each roll, shall insert U. c.," exempt.
and against the name of any military officer in commission and liable to do duty, the title of his office; and shall also insert
against the names of persons between the ages of eighteen and twenty-one years, " under twenty-one;" but if such person
wr1L have arrived at the age of twenty-one years on or before the fifteenth day of November following each enrolment, then
the designation last above provided need not be made.
v 12. When the said roll shall be completed as aforesaid, the said assessors shall make three flair copies thereof, and shall Assessors to
sign each of said copies, and attach thereto an affidavit as herein before provided; one of which copies shall be filed in the make three
office of the town clerk, and one other copy shall be delivered to the commandant of the company district in which such copies of the
assessors reside, and the other copy shall be delivered to the supervisor of the town or ward with the assessment roll of roll.
the town or ward, who shall deliver the same to the board of supervisors at their next annual meeting, and it shall be
called the " military roll of such town or ward."
0 13. The assessors, in the execution of their duties, shall use the forms and pursue the instructions winch shall from To use forms
time to time be transmitted to them by the adjutant -general. &c.� sent by
Adj t•Gen 1.
y 14. If' any assessor shall refuse or neglect to perform any of the duties required of him by this act, he shall forfeit penalty for
and.d pay the sum of not less than ten nor more than fifty dollars, to be recovered in the name of the commanding officer of neglect or
the regiment within the bounds of which he resides, and if' any assessor shall wilfully neglect or refuse to perform such refusal.
duties as hereby required, he shall be deemed guilty of a misdemeanor.
0 15. If any assessor shall neglect, or from any cause omit to perform his duties, the other assessors, or either of them, Other asses -
of the city, village, town or ward, shall perform such duties, and shall certify to the commandant of the company district sors to per.
with their roll, the name of such delinquent assessor, stating the cause of such omission. form duties
§ 16. The board of supervisors of each county in this state, at their annual meeting, shall cause the military roll of every
omitted.
Duty of
city, village, town or ward, to be compared with the assessment roll of the same city, village, town or ward ; and all names board of
oil the said military roll, liable to pay the said commutation of fifty cents, shall be transferred to the corrected assessment roll supervisors.
of the same city, village, town or ward, and in a column to be provided for that purpose, in the said corrected assessment
roll, shall be set opposite the name of every person so liable to pay such commutation the sum of fifty cents; and if the per-
son shall be assessed for real or personal property ori such assessment roll, the said sum of fifty cents shall be added to the
other tax against the same person.
0 17. The said sum of fifty cents against every person who shall appear by the said assessment roll liable to pay the same, Mode of col -
shall be collected at the same time and in the same manner as other taxes are collected in the said county. And the war- lectins Coin -
rants annexed by the supervisors to the assessment rolls of the several towns and wards, shall direct the collector to col- nutations,
lett the said sum of fifty cents from every person appearing by the said assessment roll, liable to pay the same, in the same
manner as other taxes are collected, and to pay the same to the county treasurer, And where the name of any person be-
tween the aC7es of eighteen and twenty-one years, shall appear on the said roll, liable to pay the said commutation, the said
warrant shall direct the collector to collect the same of the father, master or guardian, with who4i such person shall reside,
or out of any property such minor may have in the city, village, tows; or ward.
Fees of � 22• The fund so created shall be applied exclusively to military purposes, for the benefit of the militia of the said county;
assessors. except that assessors shall be entitled to receive for their services required by this act, the sum of one dollar and twenty-
five cents for each day's service, to be paid out of the military fund created by this act in the hands of the treasurer of each
county, upon the certificate of the supervisor of the town or ward in which said assessor may discharge said duties, that the
account rendered by said assessor is Just and reasonable.
No money to 23. No money shall be paid from such fund by the county treasurer, except the fees of assessors as before provided,
be paid by
Co. Treasu- but upon the order of a board of officers, as provided in section twenty-four of this act, countersigned by the commandant
rer, except of the brigade, and which order shall specify on its face the objects for which such money is paid.
fees of as- § 26. It shall be the duty of the commandant of every company district to make or cause to be made a complete enrolment
sessors. of the names of all persons liable to be enrolled by the laws of the United States, which enrollment shall be made from the
Duty ofcom- lists furnished to said commandants by the assessors as herein provided, and shall contain all the information set down' in
mandants of the same manner as is contained in the lists so furnished by the said assessors. After the said enrollment is completed as
company
districts. herein directed, it shall be the duty of commandants of company districts annually thereafter, carefully to correct their
rolls, from the lists furnished by the assessors as herein provided; all persons whose names appear in said enrollment,
shall be regarded as legally and properly enrolled, and the notice given by the assessors, as prescribed in section nine of
this act shall be a sufficient notice of such enrollment. If the name of any person liable to be enrolled shall have been omit-
ted by the assessors, the commandant of the company district shall add such name to his roll, and notify the person thereof,
and also the assessor of his district.
Neglect or § 31. If any person shall neglect or refuse to pay the commutation tax as herein prescribed, and the collector of the town
refusal to or ward to whom the warrant for the collection thereof shall be given, shall be unable to collect the same, it shall be the
talion mmu, duty of such collector to return the names of all such persons to the assessors of the town where such person resides, which
return shall be delivered by said assessors to their successors in office. •
Unpaid tax § 32. Whenever it shall appear from the return of any collector, made in pursuance of the last preceding section, that
to be a an person has neglected and refused to pay such commutation tax, and that the collector has been unable to collect the
charge the y P g
next year. same, such sum shall be added to his annual commutation tax of the next year by the assessors.
INSTRUCTIONS TO ASSESSORS.
For the instruction of assessors, extracts from an act of the Legislature, passed April 16, 1851, are pub-
lished above. By reference to said act, it will be found that the duties to be performed by assessors are as,
follows:
First, They shall annually, between the first days of May and July, in each year, make out an alpha-
betical roll of all able-bodied white male citizens, between the ages of eighteen and forty-five years, residing
in their respective assessment districts, noting the names of such as are under the age of twenty-one years.
They shall consider every individual as able-bodied, unless he has some bodily defect, plainly percepti-
ble, such as the loss of a limb. If any individual claims that he is not able-bodied, on account of some phy-
sical infirmity, or bodily defect, which is not apparent, his name must be placed upon the roll, and he must
be required to furnish the affidavit, as prescribed in the tenth section.
Second, After the completion of said roll, they shall give the notice required by the ninth section, the
form of which shall be substantiauy as follows:
Notice to persons exempt from the performance of Military Duty.
WHEREAS, it is required by section ten of the militia law, passed April 16, 1851, which is printed with
this notice, that any person exempt from the performance of military duty, in order to avail himself of such
exemption, should file with one of the assessors, an affidavit [which should specify particularly the facts on
which he claims to be exempt, and refer to the law applicable to his case.]
Therefore, Notice is hereby given, that the assessors of , have made their roll of
all persons liable to be enrolled, according to the laws of the United States, and that a copy thereof is left
with , one of their number, at , where the same may be seen, and
examined by any person interested therein, during the ensuing twenty days.
Assessors.
10. Any person whose name appears on the said roll, and who claims that he is not liable to military duty, on account of some
physical defect or bodily infirmity, or that he is exempt from the performance of military duty by any law of this State, or of the
United States, may, within the said twenty days, and not after, file with the assessor having such roll an affidavit, stating such facts on.
which he claims to be exempt, or not liable to do military duty. Such affidavit may be made before the assessors or one of them,
either of whom is hereby authorised to administer an oath for that purpose; and the assessors shall cause all such affidavits to be filed
in the office of the city, village or town clerk; and if any person shall swear falsely in such affidavit, he shall be guilty of perjury.
Third, On some day or days during the first week in August in each year, the assessors shall meet.
and determine) from the affidavits which have been filed during the said twenty days, who are exempt or
not liable to do military duty.
They will note in the columns prepared for that purpose the causes of exemption, and fill up the seve-
ral columns as required by said section.
Fourth, After said roll has been completed as required by the eleventh section, they shall make three
copies thereof, each of which shall be signed by them, and to each they shall attach the affidavit as prescri-
bed by the sixth section. Such copies shall be disposed of by them, in the manner prescribed by the twelfth
section.
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The following form is prepared for the convenience of Assessors, showing the manner in
which the Enrollment is to be made.
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NAME.
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John Doe.-------------------
---- -
50
Peter Roe,------------------- ------
u. C.
James Peters,________________ ______
______
Colonel.
JosephHanks,--------------- ------------
--------------------
50
John Dobbs,----------------- 1
------
Major.
Peter Fraser, ________________ ______
U. C.
James Johnson, -------------- ------
----------------
----------
50
Wm. Freeman, ______________ ______
______ __________
Exempt.
___ A fireman.
Thomas Syke,----------- r--- ------------
Brig. Gen.
Joseph James, _______________ ------------
__________
Not liable.
Stephen Corser-______________ ______
u. c.
James Thompson,------------ 1
----------------
----------
50
Jacob Jones.----------------- ------------
----------
Exempt.
Phin. Tompkins,_____________ ______
u. c.
Hobart Eldredge,------------- ------
----------------
----------
50
Charles Gilbert,______________ ______
I I I 1 II I I
______ __________
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Not liable.
II I III II II I II II hill
____-_ A. minister.
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