Exemption for SECT. 4. No soldier shall be held to do duty until the expiration six months after of the time allowed him, after his first enrolment in the militia of the United States, to procure equipments. first enrolment. Who shall be enrolled. Com. v. Annis, 9 Mass. 31. Haynes v. Jenks, 2 Pick. 172. ENROLMENT. SECT. 5. Every able bodied white citizen resident within this Commonwealth who is or shall be of the age of eighteen years and under the age of forty-five years, excepting persons exempted by the preceding sections, idiots, lunatics, common drunkards, vagabonds, paupers and persons convicted of any infamous crime shall be enrolÎed in the militia, and every such citizen not holden by law to perform duty in the militia in any other manner shall be enrolled in the company, within whose bounds he resides, by the captain or commanding officer of the same, and the clerk of said company shall assist his commanding officer in the performance of said duty. Such enrolments shall be made from time to time as each citizen shall arrive at the age of eighteen years, or if between eighteen and forty-five years shall come to reside within said bounds or without being exempted shall cease to be holden to do duty elsewhere and the commanding officer shall without delay notify such citizen of his enrolment by a proper non-commissioned officer of such company by whom such notice may be proved; and any notice or warning by a non-commissioned officer to attend any inspection, training, muster or election of officers shall be a legal notice of his enrolment. All non-commissioned officers and privates discharged from any company raised at large, or having belonged to any such company which is disbanded volunteer corps shall be enrolled as privates in the standing company within the bounds of which they severally reside; and in all cases of doubt respecting the age of any person enrolled the burden of proof shall be upon the defendant. Notice of enrolment. Soldiers of any disbanded com pany or dis charged from to be enrolled. Information to be given respecting persons liable to be enrolled. Companies without officers how enrolled. U. S. stat. May 8, 1792, and March 2, 1803, 109, c. 108, § 16, 20 and 34, art. 15. 1835, April 8, § 2. SECT. 6. No keeper of any tavern or boarding-house, nor master nor mistress of any dwelling-house, shall refuse to give information of the name or names of all persons residing with him or her, liable to do military duty, nor give any false information respecting the same, when applied to for that purpose by the commanding officer of the company within whose bounds such house is situated, or by any person acting under him and producing his written authority; and no person liable to do military duty, upon application to him by the commanding officer of the company within the bounds of which such person resides or by any person acting under such commanding officer and producing his written authority, shall refuse to give his name and age nor shall give either of the same falsely; and all breaches of the provisions of this section shall be severally punished as is provided in each case by section one hundred and five. 1809, 108, § 20. Peabody v. Pratt, 10 Mass. R. 36. SECT. 7. Whenever it shall appear to the commanding officer of a regiment or separate battalion, that any company within his command is without a commissioned officer, it shall be the duty of such commanding officer to issue his orders to the clerk of such company to enrol all persons liable to do duty therein and to return the roll thereof to him forthwith; and if there be no clerk of such company, then such commanding officer shall require, in writing, the selectmen of the town or towns or district, or the mayor and aldermen of the city in which such company is situated, to make out, and return to him within ten days, a list of the names of all the persons liable by law to do military duty in such company; and if any such clerk, selectmen, or mayor and aldermen shall fail to comply they shall suffer such penalty as is severally provided in each case in sections one hundred and two and one hundred and seven. SECT. 8. when no militia 1825, 153, § 1. The commander in chief may issue his order for en- How enrolled rolling any militia, never before enrolled, either into a separate com- existed before. pany or with any company or companies the bounds of which are adjacent to the residence of such militia; and the commanding officer of the regiment or battalion within the bounds of which they reside, whenever he shall receive such order from the commander in chief, shall order the adjutant of his regiment or battalion to enrol such militia; and if it be ordered to enrol them in any adjacent company then to return such roll to the commanding officer of the adjacent company within ten days from the date of the order therein; and the commanding officer of such company shall enter the said roll so returned in his roll, and the persons so enrolled shall be subject to all the duties and liable to all the fines and forfeitures to which the other soldiers of such company are liable; but if the commander in chief shall order that the persons so enrolled shall form a separate company, then the adjutant shall return the roll to the commanding officer of the regiment or battalion within ten days from the date of the order of such commanding officer; and the said commanding officer shall order elections of officers to be notified and held in such companies as is provided in sections ninety-three and sixty. 1825, 153, § 7. SECT. 9. Every roll shall be kept in the form prescribed by the Rolls how to be commander in chief for the returns of the militia to be made to the kept. adjutant general; and the adjutant general shall furnish to every company suitable blanks and instructions therefor. Sawtel v. Davis, 5 Greenleaf's Reports 438. 1809, 108 8. § SECT. 10. If any non-commissioned officer or private shall in Criminals to be due course of law be convicted in this or any other state of any infamous crime, he shall be forthwith disenrolled from the militia. ORGANIZATION. 1809, 108, § 34, art. 25. disenrolled. numbered. SECT. 11. The commander in chief with the advice of the coun- Militia how or cil is authorized to arrange the militia into divisions, brigades, regi- ganized and ments, battalions and companies, conformably to the laws of the United States, and to make such alterations therein as from time to time may be deemed necessary; and each division, brigade and regiment shall be numbered at the formation thereof, and a record made of such numbers in the adjutant general's office. U. S. stat. May 8, 1792, § 3. 1809, 108, § 2. SECT. 12. All orders from the commander in chief to the several corps shall be distributed by the adjutant general and he shall Orders of commander in chief how distributed. |