purpose by any person acting under the orders of such commanding officer, or shall give any false information upon such application; every such person, so offending, shall forfeit twenty dollars, to be sued for by the clerk of the company, in an action on the case, before any justice of the peace of the county where such offender resides. And in all cases of doubt respecting the age of any person intended to be enrolled, the party questioned as to his age, shall prove the same to the satisfaction of the enrolling officer; and if any person, liable to military duty, upon application to him personally by the commanding officer of the company, within the bounds of which such person resides, or upon application as aforesaid, by the person acting under such commanding officer, who shall either refuse to give his name, or not give his name truly, every such person, so offending, shall forfeit twelve dollars, to be sued for in the manner before pointed out in this section.

II. Of arms and equipments.

Forfeiture.

and when they must

The act of congress of May 8, 1792, s. 1, directs, that What equipments every citizen enrolled and notified, shall, within six must be furnished, months thereafter, provide himself with a good musket be so furnished, or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein, to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot pouch and powder horn, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except when called out on company days, to exercise only, he may appear without a knapsack. That the commissioned officers shall severally be armed with a sword, or hanger, and espontoon; and that, from and after five years, from the passing of this act, all muskets, for arming the militia,

March 6, 1810, s. 9.

Exception in favour of persons unable to furnish themselves.

Ibid.

Evidence of such inability.

Ibid.

Duty of the commanding officer, in such case.

Ibid.

Duty of selectmen to

persons as are unable

as therein required, shall be of bores sufficient for balls of the eighteenth part of a pound.

By the additional act of March 2, 1803, every citizen duly enrolled in the militia, shall be constantly provided with arms, accoutrements and ammunition, agreeably to the direction of the said act, from and after he shall be duly notified of his enrolment.

So by the statute of this commonwealth, every officer, non-commissioned officer, or private of infantry, light infantry, cavalry, artillery, grenadiers and riflemen, shall constantly keep himself furnished and provided with the arms and equipments required by the laws of the United States, except such private as shall not be able so to provide himself.

And no private shall be considered unable to provide himself with the arms and equipments required as aforesaid, unless he shall produce, after the first day of April and before the first Tuesday in May annually, to the commanding officer of the company to which he belongs, a certificate of such inability from the overseers of the poor of the town or district where he resides.

And the commanding officer of the company to which such private belongs, shall forthwith lay such certificate before the selectmen of the town or district where such private resides.

And it shall be the duty of such selectmen, forthwith, at the expense of their respective towns or districts, to furnish arms for such provide for every such private, the arms and equipments o furnish themselves. required as aforesaid, and they shall deposit the same in some safe and convenient place, and shall permit the commanding officer of the company, to which such private, unable to provide himself as aforesaid, belongs, to deliver such arms and equipments to such private, whenever his company shall be ordered out for any military duty.

And the said commanding officer shall be responsible Ibid. for the safe return of such arms and equipments to the Responsibility of the place of deposit.

officer for such arms.

How minors are to be

The same statute has further provided, that all parents, Ibid. s. 28. masters or guardians, shall furnish all minors enrolled in the militia, who shall be under their care respectively, furnished. with the arms and equipments required by this act; and if any parent, master or guardian, having any minor under his care, enrolled as aforesaid, shall neglect to provide such minor with the arms and equipments, required by this act, he is subjected and made liable to the same forfeitures, as such minor would be liable to, for a like deficiency or neglect, if such minor were of age. Provided, however, that such parents, masters or guardians as shall rents or guardians produce, on or before the first Tuesday of May annually, certificates from the overseers of the poor of the town or district in which they reside, of their inability to provide arms and equipments as aforesaid, to the commanding officer of the company in which the minor, under their care, is enrolled, shall be exempted from the forfeitures. aforesaid.

Proviso, in case pa

are unable to furnish minors.

Ibid. s. 34, a. 3).

Forfeitures for defi

The same statute has further provided, that every noncommissioned officer or private, who shall appear at the company inspection, on the first Tuesday in May, or at ciency in equipments. any company training, or for any battalion, regimental or brigade inspection or review, and shall not be armed and equipped as the law directs, shall, for each article, in which he is deficient, or which shall be of bad quality, or in bad condition, forfeit as follows; if deficient of a good musket, of a bore sufficient for balls of the eighteenth part of a pound, a sufficient bayonet and belt, and an iron or steel ramrod; (all which articles are to be considered as one, and a deficiency in either shall be considered as a deficiency of the whole) he shall forfeit one dollar; if deficient of a cartridge box, containing twentyfour cartridges, suited to the bore of his musket, and each cartridge containing a proper quantity of good powder

What persons are ex

of the United States.

and ball, or if deficient of a serviceable knapsack, he shall forfeit thirty cents; if deficient of two spare flints, and a priming wire and brush, or either of them, he shall forfeit twenty cents. Provided nevertheless, that none of the above forfeitures shall be incurred by any private, in case he appears with a good rifle, knapsack, shot pouch, powder horn, a quarter of a pound of powder, and twenty balls suited to the bore of his rifle. Provided moreover, that cartridges, with ball, shall not be brought into the field, except at the company inspection, on the first Tuesday in May; and knapsacks may be dispensed with at the company trainings.

III. What persons are absolutely exempted from military duty.

By the act of congress, May 8th, 1792, it is enacted, empted by the statute that the vice-president of the United States; the officers, judicial and executive, of the government of the United States; the members of both house of congress, and their respective officers; all custom-house officers, with their clerks; all post-officers, and stage drivers, who are employed in the care and conveyance of the mail of the post-office of the United States; all ferry-men, employed at any ferry on the post-road; all inspectors of exports; all pilots; all mariners actually employed in the sea service of any citizen or merchant within the United States; and all persons who are or may be exempted by the laws of the respective states, shall be exempted from militia duty, notwithstanding their being above the age of eighteen and under the age of forty-five years.

March 6, 1810, s. 1.

By the statute of this commonwealth it is provided, that in addition to the exemptions made by the law of What persons are ex- the United States, the following persons are absolutely empted by the act of the commonwealth. exempted, viz. the lieutenant-governor; the members of the executive council; the judges of the supreme judicial court and their clerks; the judges of the courts of

common pleas, and their clerks; the members of the legislature, and its officers, while the same is in session; judges of probate; justices of the peace, holding commissions, and qualified to act as such; registers of probate; registers.of deeds; the attorney-general and the solicitor-general; the secretary and treasurer of the commonwealth, and their clerks; sheriffs; all officers and students of any college, actually resident there; preceptors of academies and school-masters, while actually employed as such; the president, professors and students of theological seminaries; ministers of the gospel, of every denomination; all students of divinity, who shall produce a certificate from an ordained clergyman, of their being such, and deliver the same to the commanding officer of the company, within whose bounds such student resides; the first clerk in the adjutant and quarter-master general's offices, respectively; all officers who have held or may hereafter hold commissions in the army or navy of the United States; all officers who heretofore held or may hereafter hold commissions in the militia of this state, or any other state of the United States, for the term of five years, or shall have been superceded and discharged; the officers and guards employed at the state's prison, in Charlestown; such enginemen as shall annually produce, to the commanding officer of the company within whose bounds they reside, certificates from the selectmen of their respective towns, that they have been legally appointed and are bound to perform the duties of engine-men; and every person of the religious denomination of quakers and shakers, who shall, on or before the first Tuesday of May, annually, produce a certificate to the commanding officer of the company, within whose bounds such quaker or shaker resides; which certificate, signed by two or more of the elders or overseers, (as the case may be) and countersigned by the clerk of the society with which such