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Soldiers abseut, &c., dur
Art. xlvi. A non-commissioned officer or private, absenting himself divine ber from, or behaving indecently and irreverently at, divine worship, not
exceeding one dollar, and for each offence after the first to be confined
twenty-four hours in addition thereto. Profanity by of Art. xlvii. An officer guilty of profane cursing and swearing, for
each offence, two dollars. Profan:ty by
Art. xlviii. A non-commissioned officer or private guilty of profane soldiers
cursing and swearing, for each offence, not exceeding one dollar. Fines by court Art. xlix. A fine, not exceeding two hundred dollars, may be inflicted martial.
by a court martial, as a part or the whole of the sentence; and so much of the same as cannot be stopped out of the pay of the offender, shall
be recovered as provided in section one hundred and sixty-two. Fines stopped Art. l. All fines may be stopped out of the pay of the offender; and P.S. 1909 141. the field officers of every regiment may appoint some suitable person, in
the regiment, to receive all fines incurred for any breach of these articles, and may direct the same to be properly applied to the relief of the sick, wounded, or needy soldiers of such regiment; and the receiver shall
account to such officers for all sums so received. General rules. Sect. 171. The following rules shall also be observed in actual ser
vice: Officer wronged Art. li. If an officer thinks himself wronged by his colonel, or the by colonel.
commanding officer of his regiment or battalion, and is, upon due application made to him, refused redress, he may complain to the commanderin-chief, or commander of the forces in service, who shall examine the
case and see that jnstice is done. Officer or sol Art. lii. If an inferior officer or soldier thinks himself wronged by dier wronged by his captain, or the commanding officer of his company, he may complain captain.
to the commanding officer of his regiment or battalion, who shall convene a regimental court martial, for the purpose of doing justice to the complainant; from which either party may appeal to a general court martial; but if the appeal is vexatious, the party appealing may be pun
ished at the discretion of the court martial. Public stores Art. liii. Public stores taken from the enemy shall be secured to the
use of the commonwealth. Oldest officer to Art. liv. When different corps of the same or different arms of foot, command, without regard to or horse and foot, join or do duty together upon marches, guards, or in corps. quarters, or camp, the oldest officer by commission shall command, withSee $ 37.
out respect to corps, and give the orders necessary to the service. Offenders Art. lv. When an officer or soldier is accused of a capital crime, or to be delivered of having used violence, or committed any offence against the person to civil authori- or property of any citizen or subject of the United States, such as is
punishable by the known laws of the United States, or of the state where it is committed, the commanding officer and the officers of every army, detachment, regiment, battalion, or company, to which the accused belongs, upon application duly made by or in behalf of the party injured, shall use their utmost endeavors to deliver over the accused to the civil magistrate, and to aid the officers of justice in apprehending and securing the accused to bring him to trial. And if any officer wilfully neglects or refuses, upon such application, to deliver over the accused, or to aid the officers of justice, or detains, shelters, or conceals, any witnesses in a case, he shall be punished as provided in section one hundred and
sixty-eight. Property of de- Årt. Ivi. When an officer or soldier dies or is killed in the service ceased soldiers of the commonwealth, his commanding officer shall order some suitable
person to secure all his property and effects, and to take an inventory of them in the presence of two commissioned officers, who shall attest the same; and to preserve said effects and inventory until they are
demanded by his legal representative. Pay and ra
Art. lvii. The pay and rations of troops in actual service shall be R. S. 12, $ 142. such as provided by section one hundred and forty-eight.
vision courts martial, by
SECT. 172. Courts martial in actual service shall be ordered and held, Courts martial and shall proceed, in the same manner as the militia courts martial pro- vice, &c. vided in sections one hundred and fifty-seven to one hundred and sixtyfive, inclusive, except so far as the same are repugnant to the following regulations:
Art. lviii. When an officer or soldier commits an offence deserving Arrests. punishment, if an officer, he shall be put under arrest and confined to his quarters, and his sword shall be taken from him by the commanding officer; and if a non-commissioned officer or soldier, he shall be imprisoned until he can be tried by a court martial or discharged by proper authority.
Art. lix. No officer or soldier under arrest and imprisoned shall con- Imprisonment tinue in confinement more than eight days, or until a court martial can be conveniently assembled.
Art. lx. A general court martial may be ordered by the general com- General and dimanding any separate army in the field, garrison, or quarters, as well as by the commander-in-chief; and a division court martial by a major- whom ordered. general, or by a commanding officer of a division, as organized for field service.
Art. lxi. A general court martial in actual service shall consist of of whom gennot less than thirteen commissioned officers; and the president shall not firal shar coar be the commander-in-chief, nor the commanding officer of the army, sist. detachment, or garrison, where the offender is tried, nor under the rank of a field officer.
Art. Ixü. Division courts martial shall consist of not less than nine, Division and reand regimental courts martial, of not less than five officers, when that gimental courts number can be conveniently assembled, nor less than three in any case.
Art. lxiii. Regimental courts martial shall not have the power to try Power of regicommissioned officers, but they shall be tried by general or division mental. courts martial, according to their rank; nor shall they inflict any punishment heavier than a fine equal to one month's pay, or than one month's imprisonment.
Art. lxiv. An officer commanding a fort, castle, quarters, or a body Post and de of men composed of detachments from different regiments, or of inde- tnermcat court pendent companies, may assemble courts martial like regimental courts martial, and with the same powers.
Art. Ixv. When the matters to be examined are peculiar to the troops Courts martial of a particular arm, the courts martial shall be composed, as far as pos
in particular sible, of officers of that arm.
Art. lxvi. No officer below the rank of captain shall sit at the trial Rank of memof an officer of the rank of field officer.
Art. lxvi. No court martial shall sit except between the hours of Time of holding eight in the morning and three in the afternoon, except in cases which court martial. require an immediate example.
Art. lxvii. Members of courts martial belonging to different corps Rank in court shall take rank according to seniority.
See $ 37. Art. lxix. The judge-advocate of the division in which the offence Judge-advowas committed, or some other judge-advocate, or, in their absence, some suitable person, shall be appointed to be judge-advocate of the court, by the officer ordering the
same. Art. lxx. The judge-advocate shall administer to the president and each member of the court, the following oath:
You swear, that you will well and truly try and determine, according to your evi- Oath of presidence, the matter now before you, between the Commonwealth of Massachusetts and dent and memthe prisoner to be tried ; that you will duly administer justice, according to the rules and articles for governing the troops of the said commonwealth, without partiality, favor, or affection, and if any doubt shall arise, which is not explained by the said articles, according to your conscience, the best of your understanding, and the custom of war in like cases ; that you will not divulge the sentence of the court until it shall be approved by the commanding officer; and that you will not, upon any account, at any
bers of court martial.
time, disclose or discover the vote or opinion of any particular member of the court martial, unless required, by a court of justice, to give evidence as a witness, in due course of law: So help you, God.
The president shall then administer the following oath to the judge
advocate: Oath of judge- You, A B, do swear, that you will faithfully and impartially discharge your duties advocate. on this occasion, to the commonwealth as well as to the accused, and that you will
not, upon any account, at any time whatsoever, divulge any vote or opinion of any member of this court martial, unless required, by a court of justice, to give evidence
thereof as a witness: So help you, God. Witnesses re- Art. lxxi. Persons called to give evidence before a court martial
, fusing to appear who do not appear, or who refuse to testify, without legal excuse, shall
be punished at the discretion of such court martial. Oath of wit- Art. lxxii. Witnesses shall be examined upon oath administered by
the judge-advocate, in the form prescribed by section one hundred and
sixty. Votes in court Årt. lxxiii. Members of a court martial shall vote, beginning with martial; twothirds necessa
the youngest, and shall give judgment by a majority of voices; but no ry to capital sentence of death shall be given, unless two-thirds of the members sentence.
concur therein. Proceedings to Art. lxxiv. No sentence of a court martial shall be carried into exebe transmitted cution, until the proceedings and evidence, documents, papers, and all officer. matters in and concerning the same, are transmitted in the manner pro
vided in section one hundred and sixty, to the commanding officer of the army, station, camp, or post, where the court martial is held, and he
approves the same, and orders it to be carried into execution. Pay may be sus- Art. lxxv. When court martial sentences an officer to be suspended.
pended, it may also suspend his pay and emoluments. Pardon and mit- Art. lxxvi. Every officer having power to order a general court marisation of pun- tial, may pardon or mitigate any sentence of the court, except sentence R. S. 12, § 143. of death and cashiering; and he may suspend the execution of these,
until the commander-in-chief is informed thereof; and he with the ad
vice and consent of the council, may pardon or mitigate the septence. Construction of SECT. 173. In this chapter, the word “soldier” includes company a soldier and musicians and all persons in the volunteer or enrolled militia, exR. S. 12, &$ 102, cept commissioned officers; and the word “ “ battalion”
may include squadron. Penalty on civil Sect. 174. Civil officers named in this chapter, neglecting or refusofficers. 1810, 92, $ 10.
ing to obey its provisions, shall, except as otherwise specially provided,
forfeit not less than twenty nor more than five hundred dollars. u Selectmen” to include SECT. 175. The provisions of this chapter concerning the powers a mayor and al- and duties of the selectmen of towns, shall be construed to include the B. 8. 12, § 14. mayor and aldermen of any city.
OF CERTAIN STATE OFFICERS AND MATTERS OF FINANCE.
CHAPTER 14.- Of certain State Officers.
OF CERTAIN STATE OFFICERS.
GOVERNOR, LIEUTENANT-GOVERNOR, AND SECTION
25. In absence of attorney-general, or district SECTION
attorney, court may appoint, &c. 1. Salary of governor.
26. Prosecuting officer not to receive fees of 2 Compensation of lieutenant governor and
prosecutors, nor be attorney in case, &c. councillors.
27. Attorney-general to account for fees. SECRETARY.
28. Districts for administration of criminal law. 3. Secretary, salary of, &c.
29. District-attorneys, salaries. 4. clerks of, and their salaries. Messenger.
30, vacancies in office of, how filled. 3. When secretary is disabled, &c., deputies
31. general duties of. may act.
32. Assistant district-attorney for Suffolk. 6. Secretary to be keeper of state seal. Certi- 33. District-attorneys may interchange duties.
fied copies to be evidence. 7. to give certificates for release of im
NOTARIES PUBLIC. pressed seamen & shall issue passports to citizens of any
34. Notaries may administer oaths.
on death of, their records to be deposited 9. to furnish blanks to certain officers.
in office of clerk of the courts. 10. returns to, of moneys received by certain
36. Penalty for neglect in case of resignation, officers, &c.
37. 11. Clerks of courts to make returns of criminal
on executors of notaries for neglect. cases to recretary.
38. Records of notaries, penalty for destroy12. Trial justices, &c., to make like retorns..
ing, &c. 13. Details of returns, under two preceding see
39. clerks of courts to receive and take charge tions.
of records. 11. Secretary to prepare fun abstracts of re turns,
COMMISSIONERS, &C., TO ADMINISTER OATHS 15. Penalty on officers for neglect.
TO PUBLIC OFFICERS.
40. Commissioners, &c., to administer oaths ATTORNEY-GENERAL AND DISTRICT-ATTOR
to public officers. XEYS. 16. Attorney general, salary of, and clerk hire. COMMISSIONERS TO TAKE DEPOSITIONS, &C., 17. to appear for commonwealth in S. J. C.,
IN OTHER STATES. &c. 18. to file informations in certain cases.
41. Commissioners in other states.
42. 19. to advise and assist district-attorneys in
to be sworn, file signature and impression certain cases.
of seal, &c., with secretary. 20. to enforce application of funds for public
powers and duties of. charities, and prosecnte corporations, &c.
secretary to furnish forms to. a. to attend sessions of legislature, and give
COMMISSIONERS TO TAKE ACKNOWLEDGMEXT opinions if required, &c. 2 to consult and advise with secretary,
OF DEEDS, &C., IN FOREIGN COUNTRIES. treasurer, &c.
45. Commissioners in foreign countries. 23. to make annual reports to legislature. 46. to be sworn, &c. 24. to receive money for contingent expenses 47.
powers and duties of. in civil actions, &c.
GUARDIANS AND TREASURERS OF INDIANS.
counts approved - may be removed, &c.
COMMISSIONERS OX REPAIRS OF THE STATE 49. Sergeant-at-arms, how appointed, removed,
HOUSE, &c. &c.
62. Commissioners on state house to have 50. salary and bond of. 51, 52. general duties of.
charge of appropriations, &c. 53. to preserve state house, &c., from injury. MESSENGER TO THE GOVERNOR AND COUNCIL
to appoint door-keepers and assistants, subject, &c.
63. Messenger and assistant, appointment and 85. Watchmen, appointment of.
salaries of. 56, 57, 58. duties of.
GOVERNOR, LIEUTENANT-GOVERNOR, AND COUNCILLORS.
SECTION 1. The governor shall receive out of the treasury a salary of thirty-five hundred dollars a year, and shall be entitled to no fees or
perquisites of office.
SECT. 2. At the close of each session of the council, the lieutenant-
ant-governor, six dollars a day, and each councillor, three dollars a day; and for travel once in each session, one dollar for every five miles from their several places of abode.
K. S. 13, $
1859, 133, 269.
Secretary, sala- SECT. 3. The secretary of the commonwealth shall receive a salary of, &c.
of two thousand dollars a year. He shall exhibit to the governor and 1854, 131, § 1. council a quarterly return, under oath, of all fees of office received by 1859, 221, $ 1. See Ch. 15, $ 36 ;
the same into the treasury. Ch. 157, § 12. SECT. 4. He may employ in his office two permanent clerks, the first clerks of, &c. Messenger. at a salary of fifteen hundred dollars a year, and the second at a salary R. S. 13, $$ 12, of fourteen hundred dollars a year; and such additional clerical assist
ance as may be necessary for the despatch of public business, at a salary
not exceeding eleven hundred dollars a year for each person employed. 1857, 269, § 1. He may also employ a messenger at a salary of eight hundred dollars a See Ch. 15, $ 36. year. When deputies SECT. 5. When the secretary by reason of sickness, absence, or other
cause, is disabled from executing the duties of his office, his deputies Amend.' const. shall execute the same until such disability is removed, or a secretary is
chosen or appointed as provided by the constitution. Secretary to SECT. 6. The secretary shall have the custody of the state seal; keep state scals and copies of records and papers in his office, certified by him and to be evidence. authenticated by the state seal, shall be evidence in like manner as the R. S. 13, $ 5.
originals. to give certifi- SECT. 7. He shall without charge give any certificates that may be cates to release
necessary to procure the release of American seamen impressed on R. S. 13, $ 10. board of the ships of a foreign nation.
SECT. 8. He shall issue to any citizen of this state, of whatever citizens of any color, who may apply therefor, a passport or certificate under the state color.
seal setting forth the age and general description of the applicant, and that he is a citizen of the Commonwealth of Massachusetts.
SECT. 9. He shall annually in September furnish to the officers menblanke. 1851, 216, $ 1.
tioned in the three following sections blank forms of the returns 1852, 239, $ 4. required by said sections, with the three following sections printed
Sect. 10. Justices of police courts, trial justices, clerks of courts,