use of such company, the sums respectively due to the officers and soldiers who have signed such order, and take his receipt therefor. If such treasurer shall, upon demand, refuse to pay any of the said Action for nonsums, each person entitled thereto, may maintain an action of assump- payment. sit against the city or town therefor. If any such commanding officer shall refuse to make or certify any Penalty for such list, or shall certify the same falsely, he shall forfeit the sum pro- neglect to certi vided in such case by section one hundred and three; or if any mayor, fy and examine. aldermen or selectmen shall refuse to examine the same, or to draw such order, each person so offending shall forfeit the sum provided in such case by section one hundred and seven. And the amount of Towns how money so paid from the treasury of any city or town shall be reim- reimbursed.: bursed out of the treasury of the Commonwealth, upon an order drawn by the treasurer of the city or town, in form substantially as follows: the sum of To the Treasurer of the Commonwealth of Massachusetts. Pay to being the amount paid out of the treasury of the town, (city, or district, as the case may be,) of by order of the selectmen, (or mayor and aldermen, as the case may be,) thereof to (here insert the number of persons paid,) individuals for militia services, performed by them during the past year. A. B., Treasurer of And the treasurer shall make oath to the truth of the facts stated in said order, before some justice of the peace, who shall certify the same upon said order. 1834, 152, § 3. 1835, 144. SECT. 128. If any officer, non-commissioned officer, or private, Compensation shall be killed, or die of wounds received on military duty, or shall to soldiers or be wounded or otherwise disabled, when on such duty, he, or his when killed or widow, child, or children, shall receive from the General Court just injured. 1809, 108, § 30. their families and reasonable relief. SECT. 129. The militia, while in actual service, shall receive the Pay of troops in same pay and rations as the regular troops of the United States, and actual service. the rations shall be valued at twenty cents each. to uniformed Every non-commissioned officer and private who shall provide Additional pay himself with an uniform and blanket when called into service, shall re- troops. ceive monthly in addition to his stated pay, as follows: sergeants and musicians, four dollars, corporals and privates, three dollars and seventyfive cents; and if he shall not so provide himself, he shall be allowed to those without monthly, two dollars and fifty cents. And every non-commissioned uniform. officer and private, who shall provide his own arms and equipments To those provi. required by law, and keep himself so armed and equipped, shall re- arms and equipceive therefore the additional sum of fifty cents per month. ments. When the militia are discharged from actual service, they shall be When discharallowed pay and rations to their respective homes, at the rate of fif- ged, how long teen miles per day. 1814, 70. paid. pensation, how SECT. 130. All pay rolls, claims for compensation or allowance, Pay rolls and and all military accounts whatever, unless it is otherwise specially claims for comprovided by law, shall be transmitted to the adjutant general and ex- examined and amined, and if found correct, certified by him. They shall then, certified. unless it is otherwise specially provided by law, be presented to the committee of the legislature, on the accounts for allowance; and all How allowed and paid. ; In case of in rection. claims and accounts which shall be allowed by them, shall be paid to the persons to whom they are severally due, or to their order at the treasury of the Commonwealth. 1822, 102, § 6. CALLING OUT THE MILITIA IN CASE OF WAR, INVASION, INSUR- SECT. 131. Whenever any invasion of the Commonwealth, or vasion or insur- insurrection therein shall be made or threatened, the commander in chief shall call upon the militia to repel or suppress the same; and he may order out any divisions, brigades, regiments, battalions or companies; or may order to be detached any parts or companies of the same, or any number of men to be drafted from the same, and may cause officers to be detailed sufficient with those attached to the troops to organize the forces; and if such invasion or insurrection, or any imminent danger thereof in any part of the Commonwealth, shall be so sudden, that the commander in chief cannot be informed, and his orders received and executed in season to resist or suppress the same, any commanding officer of a division, in such part of the Commonwealth, may order out his division, or any part thereof, in the same manner as the commander in chief might do ; and when any troops are in the field for such purposes, the senior officer of the troops present shall command until the commander in chief or some officer detailed by him shall take the command. 1809, 108, § 24. SECT. 132. Whenever any draft from the militia shall be ordered, the non-commissioned officers and privates (except so many as shall offer to serve voluntarily) shall be drafted by lot from the company, and the officers regularly detailed from the roster. 1809, 108 § 24. SECT. 133. If any company without officers be ordered to march, or any draft or detachment be ordered therefrom, the commanding officer of the regiment or battalion to which they are attached, shall detail some officer to command such company, who shall have the same authority to order them to appear, to command them in the field, or to make any draft or detachment therefrom as the captain of such company would have, and shall be under the same responsibility. 1809, 108, § 24. Drafts how made. Drafts in companies without officers. Penalty for of ficers neglector disobeying. ing to march, For soldiers. SECT. 134. Every officer, who when ordered shall unnecessarily neglect to march to the place of rendezvous, or shall otherwise disobey any lawful order, shall be punished as is provided in such cases in section one hundred and twenty-one, one hundred and forty-one, or one hundred and forty-two, and every soldier ordered out, detached or drafted, who shall not appear at the time and place, armed and equipped as the law directs, and who shall not have some able bodied and proper substitute so armed and equipped at such time and place, and shall not pay to the captain of his company the sum of fifty dollars, within twenty-four hours from such time, shall be taken to be a soldier without leave, and dealt with accordingly as in actual service; and each non-commissioned officer and soldier shall take with him provisions for not exceeding three days, when so ordered. 1809, 108, 24. Mayor and alSECT. 135. The mayor and aldermen of every city, and the sedermen or selectmen of every town and district, to which any men so ordered out, vide certain ar- detached, or drafted belong, when required in writing by the com ticles. |