Distribution of com. fications. Prosecutions for de without partiality or favour, liable to do military duty, coming to live within his company bounds, as he may from time to time be informed thereof; to distribute all company orders and notifications, which he may be re- pany orders and noti quired to do; to examine the equipments of the men, then ordered; to note all delinquencies; to sue for, and recover all fines and forfeitures, which are required by linquencies. the act, to be sued for, and recovered by him; to keep accounts in the orderly book of all fines and forfeitures, Accounts of fines and and all other moneys, collected by him, with the persons' names, of whom they were collected, and of the times when, and for what offence, or neglect, default, or deficiency; which book shall not be alienated from the company, and shall always be open to the inspection of any officer in the company. IX. Choice of captains and subalterns of companies. The captains and subalterns of the militia, shall be elected by the written votes of the train-band and alarmlist of their respective companies, of twenty-one years of age and upwards.(2) other monies, etc. Bill of rights, art. 10. s. 21. How companies are choice of officers. When any non-commissioned officer or private, in any Stat. March 6, 1810, company, shall receive orders from the commanding officer of such company, to notify and warn such company, to be warned for or any part thereof, to meet for the purpose of choosing any officer or officers, it shall be the duty of such noncommissioned officer or private, to give every person he is so ordered to warn, personal notice, or to leave him a written or printed notification at his usual place of abode, specifying the time, place, and purpose of said meeting. Any non-commissioned officer or private, being a legal voter of a company, who, after being duly notified, shall unnecessarily neglect to appear at any meeting for the appearance. (2) No officer duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in court-martial, pursuant to the laws of the commonwealth for the time being. Ibid. s. 34, a. 33. Forfeiture for non Constitution c. 2, s. 1, a. 10. Ibid. s. 24. Liability of those who ing orders, choice of any officer or officers of the company, to which he belongs, shall, for every such neglect, forfeit one dollar. X. Duty of the militia, in case of invasion or insurrection. Whenever, in case of threatened or actual invasion, in◄ surrection, or other public danger or emergency, the refuse to obey march- militia shall be ordered out, or any part thereof shall be ordered to be detached or drafted by the commander in chief, any person who shall be ordered out, detached, or drafted, in pursuance of and obedience to such orders, and being notified thereof, and ordered to march to the place of rendezvous, and shall neglect or refuse to obey such orders, and shall not, within twenty-four hours after he shall have been notified as aforesaid, pay a fine of fifty dollars to the commanding officer of the company to which he belongs, or procure an able-bodied man in his stead, such person shall be considered as a soldier belonging to the detachment, and be dealt with accordingly. Fine. And all fines paid as aforesaid, shall be appropriated to the hire of men to complete the detachment. And the officers of any detachment, ordered to be made as aforesaid, shall be regularly detailed from the rosters, and the non-commissioned officers and privates by lot, from the company rolls. And when any company shall not be organized, the officer commanding the brigade or regiment, shall either by himself or some officer under him, proceed to make and complete the detachment from such unorganized company. And whenever the militia, or any part thereof, after having been ordered out or detached as aforesaid, and shall be ordered to march for the service of this state, each non-commissioned officer and private, so ordered to march, shall provide and take with him, three days provisions, unless otherwise ordered. Ibid. And the selectmen of every town and district, to which the men detached as aforesaid, and ordered to march for The selectmen to sup the service of this state, belong, shall provide and cause ply provisions, and camp equipage. carriages to attend them with further supplies and provisions, and also the necessary camp equipage, and camp utensils, until notice shall be given them by the commanding officer of the detachment to desist; and the selectmen shall present their accounts for supplies to the general court, for allowance. Ibid. Forfeiture for neglect And whenever the selectmen of any town or district, from which a detachment or part thereof as aforesaid, shall march, and being notified by the commanding of- of the selectmen. ficer of such detachment or part thereof, belonging to such town or district, shall neglect or refuse, to furnish the necessary supplies, camp equipage, and camp utensils; the town or district to which the selectmen, neglecting or refusing as aforesaid, belong, shall forfeit not less than two hundred nor more than five hundred dollars, to be sued for and recovered by any person, who may prose- How recovered. cute for the same, in an action on the case, in any court of competent jurisdiction, one moiety to the prosecutor, and the other to the use of the commonwealth. Ibid. And the officer to whom, or by whose order any camp equipage, or camp utensils, shall be delivered, shall be accountable for the same, unless injured or lost by some for camp equipage, accident not in his power to prevent. XI. Exemptions from arrest, distress, and attachment. By the act of congress, May 8, 1792, every citizen enrolled, and providing himself with arms, ammunition, and accoutrements required, shall hold the same, exempt from all suits, distresses, executions, or sales for debt, or for the payment of taxes. Officers accountable etc. Stat. March 6, 1810, By the act of the commonwealth, every officer, noncommissioned officer, and private, shall hold his uniform 9. 11. exempt from all suits, distresses, executions, or sales for debt, or the payment of taxes. And no officer, non-com Ibid. lb'd. s. 18. Warning orders. To whom they may be directed. Form of warning. Time of warning. Exception, in case of invasion, etc. Evidence of warning. missioned officer, or private, shall be arrested on any civil process, during his going unto, returning from, or his performance of military duty; nor during his going unto, remaining at, or returning from any place, at which he may be ordered to meet for the election of any officer or officers. And no officer shall be arrested on any civil process while going unto, serving upon, or returning from any court-martial, court of inquiry, or board of officers, upon which it may be the duty of such officer to attend. XII. Of warning. Whenever the commanding officer of a company, shall order out his company for inspection or training, or for any battalion, regimental, brigade, or division inspection, or review, he shall issue his orders to some one or more of the non-commissioned officers or privates of his company, requiring him or them, to notify the men belonging to his company, to appear at the time and place appointed; and it shall be the duty of the non-commissioned officer or officers, private or privates, so ordered as aforesaid, to give notice of the time and place appointed for the parade of said company, to each and every man, he or they shall have been ordered to notify, either by delivering to each man in person, or by leaving at his usual place of abode, a written or printed order. And no notice shall be legal, for any company inspection or training, or for any battalion, regimental, brigade, or division inspection, or review, unless the same shall be given four days at least previous to the time appointed therefor: Provided always, that in case of invasion, insurrection, or other emergency, any notice, however short, shall be legal and binding. And, in all cases, the testimony of the clerk, or any other non-commissioned officer or private, who shall have received orders to notify the whole or any part of the men, of any company, to appear at a time and place appointed' for any military duty, shall be conclusive to prove, that due notice was given to the party prosecuted, unless such testimony be invalidated by other evidence. How companies may raded. And whenever any company shall be paraded, the commanding officer of such company is authorized, verbally, be warned when pato notify the men so paraded, to appear on some future day, not exceeding thirty days from the time of such notification, and such notice shall be legal, as respects the men present. Ibid. s. 34, a. 24. Forfeiture for dis Any non-commissioned officer or private who shall refuse or neglect to give any notice or warning, when ordered thereto by the commanding officer of the com- obedience of warning pany to which he belongs, shall, for such offence, forfeit not less than twelve nor more than twenty dollars. XIII. Power of the commanding officer to grant excuses for non-appearance. All excuses for non-appearance of non-commissioned officers and privates, must be made within eight days. after any training, view of arms, or other military duty, to the commanding officers of their respective companies; and on the delinquent's producing satisfactory evidences of his inability to appear, his commanding officer may excuse him; but all commanding officers of companies are forbidden from receiving any excuse, for non-appearance, under any pretence whatever, after the expiration of the eight days allowed. And all commanding officers of companies are prohibited from receiving any excuses from their men, for any deficiency or deficiencies of equipment; and commanding officers of companies shall inform, or cause their clerks to be informed, of all excuses for non-appearance, which they may allow. XIV. Fines for offences while under arms. If any non-commissioned officer or private shall come on to any parade with his musket, rifle, or pistol, loaded orders. Ibid. s. 34, a. 32. Ibid. Ibid. s. 34, a. 13. |