CHAPTER XXXIII. AN ACT entitled an act incorporating the Vincentown Fire Engine Company. corporators. 1. BE IT ENACTED by the Senate and General Assembly of Names of the State of New Jersey, That John Doron, William T. Jones, Jacob L. Githens, Jewes Buttuwuth, Charles Haines, William M. Allen, Arthur Haines, Clayton Haines, William Irick, Guy Bryan, Thomas McNiney, Samuel C. Woolston, Elijah Woolston, M. D., Alexander Elwell, and John S. Irick, and all persons, not exceeding one hundred in number, as now are or hereafter shall become associates of the Vincentown Fire Engine Company, be and they are hereby constituted and declared to be a body corporate and politic, in fact and in law, by the name of "The Vincentown Fire Engine Company," and by such name they shall have suc- General cession and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts of judicature whatsoever; and that they and their successors may have a common seal, make, enter into, and execute any contracts or agreements touching or concerning the objects of said incorporation, and shall have full power and authority to make, form, and adopt such form of constitution and such by-laws and regulations for their government not inconsistent with the constitution and laws of this State or of the United States, as they shall think proper. powers. capital 2. And be it enacted, That the capital stock of the said Amount of company shall not exceed the sum of four thousand dollars, stock. which shall be applied to the purchase and holding real estate, to the procuring, maintaining, and repairing such fire engine, hose carriage, hose, ladders, buckets, fire hooks, engine house, or other property, and such implements and Officers of company. machines, and to such other incidental expenses as shall to the said company appear best calculated to secure the property of their fellow-citizens from injury or destruction by fire. 3. And be it enacted, That the said company shall have power to elect annually, or oftener, if necessary, a president out of their own body, and such other officers and assistants as they shall deem necessary for conducting their affairs according to their constitution and by-laws, and that the said president shall keep in his custody the common seal of the said company, and at the expiration of his term of office shall deliver it over to his successor; and in their corporate name may institute suits for the recovery of all fines, debts and arrearages due the said company. Approved February 17, 1858. Preamble. CHAPTER XXXIV. A SUPPLEMENT to an act entitled "An act to establish an independent battalion in the city of Newark," approved April third, eighteen hundred and fifty-five. WHEREAS, in pursuance of the provisions of an act entitled "An act to establish an independent battalion in the city of Newark," approved April third, eighteen hundred and fifty-five, the first Independent Battalion of the Newark Brigade (heretofore known as the Independent Essex Brigade) has been organized under the name and style of the "City Battalion;" and whereas, in order to perfect the said organization, and to more effectually carry out the design of the legislature in enacting the said law, it has been found that additional legislation is required-therefore, tion of bat martial. 1. BE IT ENACTED by the Senate and General Assembly of Organizathe State of New Jersey, That to the said "City Battalion" talion court there shall be a battalion court martial, to consist of three commissioned officers, one of whom shall be the commandant of the battalion, the other members of the court to be designated by the commandant, at such times as to him may seem proper, and the said court shall meet at such time and place as the commandant shall appoint; provided, however, that the commandant may, at his discre- Proviso. tion, select some commissioned officer not under the rank of captain, other than himself, to act in his stead as a member of the said court. duties of tial. 2. And be it enacted, That the battalion court martial shall Powers and have power to hear and determine upon all excuses of the court marrank and file of the battalion for non-attendance at any parade or drill, whether by battalion, company, or otherwise, and of the neglect of any other required duty; they shall have power to try any of the rank and file of the battalion for any offence specified in the act entitled "An act establishing a militia system," approved April seventeenth, eighteen hundred and forty-six, or in any of the supplements to the said act which have been or may hereafter be passed; also for any offence or delinquency arising out of the regulations established by the battalion board; or for any offence unbecoming a soldier or a gentleman; or for palpable and notorious incompetency in a non-commissioned officer; they may impose such penalty as in their judgment shall seem proper, by fine not exceeding ten dollars, expulsion from the battalion, or by reducing non-commissioned officers to the ranks; a member shall have one week's notice of the time and place of trial, and of the offence charged against him, which shall be served upon him personally, under the direction of the sergeant fines. major, or left at his place of residence or usual place of business, or if neither can be found upon reasonable inquiry, a notice of the same shall be posted in the headquarters of the company to which such member is attached, one week before the meeting of the court. Collection of 3. And be it enacted, That the adjutant or acting adjutant of the battalion shall serve as judge advocate to the battalion court martial, and within ten days after the sitting of the court transmit to the battalion paymaster a list of the fines imposed by the court; and also, under the direction of the sergeant-major, notify, as far as practicable, each person upon whom a fine may have been imposed; and if any delinquent shall neglect or refuse to pay the fine or fines adjudged against him for the space of thirty days after being notified of the same (or after the posting of such notice in the headquarters of the company to which such person is attached for one week), the paymaster shall proceed to collect such fine or fines in the manner provided for in the act entitled "An act establishing a militia system," approved April seventeenth, eighteen hundred and forty-six: and all moneys thus collected by the said paymaster shall be expended for the use of the battalion, under the direction of the battalion board; and all penalties other than fines shall be certified by the adjutant to the commandant, and by him announced in orders. Organization of gene ral court martial. 4. And be it enacted, That any commissioned officer in the said battalion who shall commit any of the offences specified in the act entitled "An act establishing a militia system," approved April seventeenth, eighteen hundred and forty-six, or in any supplement thereto; or who shall be adjudged guilty of conduct unbecoming an officer or a gentleman, or of wilful and continued neglect of duty, or of palpable and notorious incompetency to perform his duty as such officer, he may be cashiered or punished by fine, at the discretion of a general court martial, which may be ordered by the commandant of the battalion, whenever in his opinion the good of the battalion shall require it; such general court martial shall be detailed from among the commissioned officers of the battalion, and when in the opinion of the commandant it may be necessary, commissioned staff officers may be detailed as members of said court; a general court martial in the battalion shall consist of not less than five nor more than thirteen, to be selected, as far as practicable, from those highest in rank, the commandant, in all cases, to act as a member of the court, unless, in his discretion, he shall deem it improper or prejudicial to the interests of the accused, so to act; the senior officer in rank present at the opening of the court to act as president; not less than two-thirds of the members detailed for the court must agree to every sentence, otherwise the accused shall be acquitted; and a general court martial herein provided for, shall possess all the powers and privileges of whatsoever kind, and perform all the duties conferred upon or required of a general court martial, by the act entitled "An act establishing a militia system," approved April seventeenth, eighteen hundred and forty-six; and the adjutant or acting adjutant of the battalion shall serve in all cases as judge advocate to such court; whenever the commandant shall elect not to serve upon a general court martial, then he must approve or disapprove of the sentence of such court, and may mitigate or remit such sentence, but not otherwise; and the officers of the said battalion, with the exception of the commandant, shall not be held amenable to any other military tribunal whatever, any law to the contrary notwithstanding; excepting, that all offences as specified in this section, committed while under the command of the commandant of the said Newark Brigade, may be tried by a general court martial, to be constituted and conducted in all respects as herein provided, but to be appointed by the brigadiergeneral, who shall in all such cases approve or disapprove the sentence of such court, and may mitigate or remit such sentence. powers of 5. And be it enacted, That the battalion board shall have Duties and power to decide all questions concerning the uniform dress battalion prescribed for the battalion, in accordance with the terms board. |