EXEMPTIONS. SECTION 1. The persons mentioned in this and the two following Absolute exsections, shall be either absolutely or conditionally exempted from mil- empts. itary duty in this state, that is to say: besides the following persons absolutely exempted from military duty by the laws of the United States, viz.—the vice president of the United States, the officers, judicial and executive of the government of the United States, the members of both houses of congress, and their respective officers, all custom house officers with their clerks, all post masters, post officers, post riders, and stage drivers who are employed in the care and conveyance of the mail 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; the persons hereinafter mentioned shall also be absolutely exempted, notwithstanding their age may be more than eighteen years and less than forty-five years, viz: The lieutenant governor, except when commander in chief : The members of both houses of the legislature, and their officers, while in session : Justices of the supreme judicial court and court of common pleas : Judges of the municipal court and of probate, and justices of police courts: Secretary, treasurer, and attorney general of the Commonwealth : Clerks of the secretary, treasurer, adjutant and quarter master generals of the Commonwealth : Sheriffs and their deputies: All officers who have held, or may hereafter hold commissions in the army or navy of the United States for the term of five years : All officers who have held, or may hereafter hold commissions in the militia of this or any other state of the United States, for the term of five years, or who have been or shall be hereafter superseded and discharged, or who have held or shall hereafter hold commissions in any corps at the time when it is disbanded, and all staff officers whose offices shall become vacant by the provisions of section 73 : All officers and students of any university or college, actually resident there : All officers and students of incorporated academies, while actually attending the same, excepting those students who belong to the town in which such academy is situated : The professors and students of any medical institution, while actually attending the same: Masters of public or private schools, while actually employed as such: The officers and students of theological seminaries : The superintendents, other officers and assistants employed in or about any department of the Massachusetts general hospital, during the time of such employment, not exceeding four in number in such department: The officers and guards employed at the states prison in Charles Exempts by town, and in any of the gaols and houses of correction in the Com- U. S. stat. May 8, 1792, § 2. 1809, 108, § 1. 1820, 16. 1825, 52, Stacy v. SECT. 2. The persons named in this section are absolutely exproducing certi- empted from militia duty, upon producing certificates as hereinafter prescribed. ficates. All students in divinity, who shall produce a certificate from an ordained clergyman of their being such, and shall deliver the same to the commanding officer of the company within whose bounds such students reside : All enginemen throughout the Commonwealth, and members of the fire department in the city of Boston, who shall, within thirty days after their appointment, and afterwards annually, on or before the first Tuesday in May, produce to the commanding officer of the standing company within whose bounds they severally reside, a certificate of their being enginemen, or members of said department, signed by the selectmen of the respective towns, or the mayor of said city; but, when any member of a volunteer company shall be afterwards appointed an engineman, or member of the fire department, it shall not vacate his enlistment, but during its continuance shall exempt him from duty: Every person of the religious denomination of quakers or shakers, who shall, on or before the first Tuesday in May, annually, produce to the commanding officer of the company within whose bounds he resides, a 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 he meets for religious worship, which shall be in substance as follows: We, the subscribers of the society of the people called in the town of --, in the county of that , do hereby certify is a member of our society, and that he frequently and usually attends religious worship with said society, and we believe is conscientiously scrupulous of bearing arms. E. F., Clerk. A. B. Elders or Overseers, } Every non-commissioned officer or private, having any bodily infirmity may be exempted from military duty, if he shall obtain from the surgeon or surgeons mate of the regiment to which he belongs, (or, if there be no such officers commissioned in said regiment, then from some respectable physician, living within the bounds of the same,) a certificate that he is unable to do military duty on account of bodily infirmity, the nature of which infirmity shall be described in said certificate; and the captain or commanding officer of his company may, on the back of such certificate, discharge the non-commissioned officer or private named therein, from performing military duty, for a term of time which he shall judge reasonable, not exceeding one year, which when countersigned by the colonel or commanding officer of said regiment, shall exempt him from all military duty for the time specified, except attendance at the election of officers; and if 1809, 108, § 29. Hamilton v. Shephard, 3 Pick. 226. Smith, pet. 2 Pick. 386. SECT. 3. All persons hereafter mentioned in this section, not- Conditional exwithstanding their age be more than eighteen years and less than forty empts. five years, are upon the condition hereinafter mentioned exempted from all militia duty, except that of keeping themselves constantly furnished with the arms and equipments required by law, and of carrying or sending them on the first Tuesday of May, annually, at one o'clock in the afternoon, to the place of inspection or view of arms of the company, within whose bounds each of such persons resides and is enrolled, and of attending elections of company officers, as hereinafter provided : Physicians and surgeons, duly licensed : All officers who have held, or may hereafter hold commissions in the army or navy of the United States, for a term less than five years: All officers who have held, or may hereafter hold commissions in the militia of this or any other state of the United States, for a term less than five years: Every person who has been for seven successive years since he was by the laws of the United States, or of this Commonwealth, liable to be enrolled in the militia, a member of the fire department of the city of Boston, who shall, on or before the first Tuesday of May in each year, produce to the commanding officer of the company within whose bounds he resides and in which he is enrolled, a certificate signed by the mayor of said city, that he has served as above mentioned; upon condition, nevertheless, that each of the persons exempted by this section, (excepting, those who have held commissions in the army and navy of the United States,) shall pay to the treasurer of the city, town, or district in which such person resides, the sum of two dollars annually, and shall produce his receipt therefor, to the commanding officer of the company on or before the first Tuesday in May in each year; and it shall be the duty of such treasurer to keep a separate account of the money so paid; and the selectmen of the several towns, and the mayor and aldermen of any city, shall appropriate all money which has been or shall be so paid to the use of the several companies in such town or city, in proportion to the number of active privates borne on their rolls, on the first Tuesday of May in each year, in such manner, at such times, and for such purposes as shall be required by the commander in chief; and any selectmen or mayor and aldermen who shall neglect or refuse to comply with the provisions aforesaid, shall severally be liable to the penalty provided in such case in section one hundred and seven. 1809, 108, § 1. 1821, 92, § 1. 1822, 102, 3 and 7. 1828, 123. 1829, 115, § 1. 1834, 152, § 1. |