the war or navy department, shall be paid, from the state treasury, the sum of three hundred dollars, which payment shall be made by the paymaster-general upon the presentation of the certificate of a provost-marshal that such substitute has been mustered into the service of the United States for three years, or during the war; but said substitute shall be credited to this state, and to the town where his principal is enrolled.

1864. Ten dollars to be paid for each volunteer.

SECT. 136. The paymaster-general shall pay, from the treasury of 1868. this state, upon the order of the governor, such an amount, not exceeding ten dollars for each man, as the shall deem governor proper and sufficient, to any party or parties who shall procure volunteers for the military or naval service of the United States, who shall be credited to this state, which said sums shall be paid to such party or parties, when such volunteers shall have been duly mustered into such service.

Towns author

volunteers, &c.

SECT. 137. Every town, which, prior to the first day of May, 1865. 1865, at a meeting or meetings held for that purpose, made appro-ized to make appriations, or voted aid, to those who should volunteer, furnish sub-propriations to stitutes, or be drafted, into the military service of the United States, provided such volunteers, substitutes, or drafted men, should be mustered into such service, and apply upon the quota of said town, under the call, or calls, of the president of the United States, outstanding at the time of holding said meeting, or meetings; and every town, which did other acts in aid of such volunteers, persons furnishing substitutes, or drafted persons, may, at a meeting legally warned and held for that purpose, make such appropriations, as shall be deemed expedient, to those who have volunteered, furnished substitutes, or have been drafted, but who, owing to the form of the vote, or votes, making the appropriation, have received no aid, or assistance; and such town may borrow money, and do all other acts necessary to carry said appropriations into effect; and all meetings Confirming. held, votes passed, appropriations made, and all other acts done by the various towns in this state, as set forth in this section, are hereby validated and confirmed.

CHAPTER XIII.

OF PAYMENTS TO THE FAMILIES OF PERSONS IN THE MILITARY AND
NAVAL SERVICE OF THE UNITED STATES.

1861.

1862. 1864.

to receive month

SECT. 138. The family of each person, except a commissioned afficer, resident in this state, who has enlisted into the military ser- Families of volvice of the United States, and has been credited to this state, or who unteers in service shall enlist into such service, or who has enlisted, since the ninth day of ly pay from the July, 1864, or shall hereafter enlist into the naval service of the United state. States, for the term of three years, and be so credited, or who shall have been transferred from the military to the naval service of the United States, who, at the time of such transfer, was credited to this state, and shall remain so credited after such transfer; and the family of each person, except a commissioned officer, residing out of this

1862.

Families of draft

stitutes.

state, who has been, or shall be accepted into the service of this state, and turned over to the service of the United States, as a part of the militia of this state, under, and pursuant to any call of the president of the United States for volunteers or militia, where such family actually resided in this state at the time of the enlistment of such person, shall receive from the treasury of this state, for its support and maintenance, the sum of six dollars a month for the wife of such person, if any there be, and two dollars a month for each of his children under the age of fourteen years; and if there shall be a child or children, and no wife, there shall be paid the sum of six dollars a month for the younger child, and two dollars a month for each other child under the age of fourteen years, but the amount paid for any one family shall not exceed, in the aggregate, the sum of ten dollars a month; and the payment herein provided shall commence at the time such person was, or shall be, mustered into the service of the United States, and shall continue during his term of service.

SECT. 139. The amounts specified in the next preceding section 1863. 1864 shall be paid, in the same manner as is therein provided, to the ed men and sub- family of each person, except a commissioned officer, in this state, who has been, or shall be, drafted and accepted into the service of this state, and turned over to the service of the United States, as a part of the militia of this state, or who has been, or shall be drafted under the act of congress, entitled " an act for enrolling and calling out the national forces and for other purposes," pursuant to any call under said act, and shall actually enter the military service of the United States, and to the family of any person who has been, or shall be, mustered into the service of the United States as a substitute for any person, who has been, or shall be, drafted under said act, or as a substitute, for the term of three years, for any person, who has been, or may be enrolled, under any law or authority of the United States, and liable to be drafted in this state, whether such family is residing in or out of this state, but the family of each of such persons shall have actually resided in this state at the time of such muster.

SECT. 140. If any person, named in the two preceding sections, shall die, while in the military or naval service of the United States, or shall be disabled while in such service, and shall be discharged by reason of such disability, such amounts shall be paid to the family of said deceased person, during the period for which he shall have been mustered into said service, and to the family of such disabled person so long as such disability shall continue, either in whole or in part, but shall not be paid after such disability shall have been wholly removed, nor after the company to which such person, who may be in such military service, shall have been discharged, nor after such person shall have willfully deserted the service of the United States, but the same shall be paid to the time of such desertion.

SECT. 141. Such continuing disability shall be proved by the sworn certificate of a physician in good standing, and full practice, in the town where such person, who may have been in the military or naval service of the United States, may reside, and a further certificate, signed and sworn to by a majority of the selectmen of the town in which the family of such person may reside, which certificate shall state that such person, in the opinion of such selectmen, is incapaci tated, by reason of disability incurred in the service of the United States, from pursuing his usual avocations in the same manner, and

to the same extent, as he was able to pursue them before entering

such service.

1863. 1864

what returns

SECT. 142. The selectmen of the several towns shall, as often as 1861. 1862. occasion may require, return to the comptroller of public accounts Selectmen to the certificates mentioned in the preceding section, and a statement, make returns to the comptroller in writing, containing the name of each person, except a commis- of names and sioned officer, having a family and resident in such town, who shall families, and be accepted, or who has been accepted, into the service of this state, shall contain. or into the service of the United States, as a part of the militia of this state, under and pursuant to any call of the president of the United States for volunteers or militia; the name of each person, who has been, or shall be, drafted and accepted into the service of this state, and turned over to the service of the United States, as a part of the militia of this state, or who has been, or shall be, drafted and actually enter the service of the United States, under the act of congress, entitled "an act for enrolling and calling out the national forces, and for other purposes," pursuant to any call under said act; the name of each person, resident in this state, who has been, or shall be, mustered into the service of the United States, as a substitute for any person, who has been, or shall be, drafted, under the aforesaid act, or as a substitute, for the term of three years, for any person who has been, or may be, enrolled under any law or authority of the United States, and liable to be drafted in this state, and the name of each person, resident in this state, who has, since the ninth day of July, 1864, enlisted, or shall hereafter enlist into the naval service of the United States, for the term of three years, and be credited to this state, which statement shall contain the name of the wife, the name of each child under the age of fourteen years, the name of the company and regiment in which the person, who may be

fied.

in the military service, may be serving, and the commencement and term of his service; which statement shall be signed by a majority Statement how of the selectmen, and verified by affidavit, and a duplicate of such signed and veristatement shall be lodged with the town clerk; and said selectmen shall, from time to time, report to the comptroller any changes that may occur in the families of such persons, by death, by children becoming of the age of fourteen years, or otherwise.

men where fami

the state, how

SECT. 143. Whenever the family of any person, mentioned in the 1862. preceding section, is residing out of this state, but actually resided Returns of selectherein at the time such person entered the service of the United lies reside out of States, such family shall not be entitled to the benefits of this act, made. unless a statement, in writing, shall first be made to the selectmen of the town in which said family resided, at the time such person entered said service, signed by the person or persons for whose benefit it shall be made, or by some responsible person in their behalf, and verified by the oath of the subscriber, and by such other evidence as the selectmen may deem necessary; and shall contain the name of the person in such service, the name of the company and regiment in which he may be serving, if he is in the military service, the commencement and term of his service, the name of his wife, the name and age of each child, under the age of fourteen years, and the place of residence of such wife and child; and satisfactory proof shall be furnished to said selectmen that such statement is true, and said selectmen shall, thereupon, make return to the comptroller of the facts contained in said statement, and shall lodge a duplicate of said Penalty for mak statement with the town clerk; and any person, who shall willfully ing false statemake any false statement, either in writing or otherwise, to the lectmen.

ment to the se

1861. Comptroller to

favor of town

treasurers, for

selectmen of any town, for the purpose of obtaining the benefits of this section, either by himself or any other person, shall be punished by a fine not exceeding fifty dollars, or by imprisonment in a common jail not exceeding two months.

SECT. 144. The comptroller shall, at the end of each successive draw orders in period of three months, draw his order on the treasurer of this state, in favor of the treasurer of each town, for such sum as may be payable to such treasurer, under the provisions of this chapter, for the families of persons in the service of the United States; and the treasurer shall pay the same to the order of the persons respectively entitled thereto.

sums due to

families.

1863.

Wife or widow

may sue in her own name, for

moneys appro

priated for use of family.

Town officers un

ing bounty mo

SECT. 145. The wife, or widow, of any person, who shall have entered the service of the United States, may institute and prosecute, in her own name, any suit for the recovery of any bounty, or sum of money, appropriated by the state, or any town in the state, for the use of such wife, or the family, or children, of such person, and such sum shall not be discharged, except by the consent of such wife.

SECT. 146. Any officer of any town in this state, who shall approlawfully retain-priate, or retain, or who, having appropriated, shall hereafter retain, ney, liable to pay for his own use, any bounty or sum of money, appropriated and paid treble damages. by this state, for the use of any member, or family, of any person who shall have entered the service of the United States, shall pay treble damages to the party aggrieved thereby.

tended to families

lar army, or veteran reserve corps.

1865. SECT. 147. The provisions of the preceding sections of this chapMonthly pay ex- ter are extended to the family of every person who, prior to the of those in regu-twenty-first day of July, 1865, volunteered, and was mustered into, the regular army, or veteran reserve corps, of the United States, and credited to this state, if such person, at the time of his muster, resiWhen to cease. ded in this state; but no payment shall be made to any such family, for service rendered by such person, subsequent to the first day of August, 1865, nor until the commanding officer of the regiment, or Certificate to be company, to which such person belongs, shall furnish, to the adjutant-general of this state, a certificate that he has honorably and faithfully performed the services required of him.

furnished.

1862.

Penalty for refu

SECT. 148. Whenever any board of selectmen shall willfully neg sal of selectmen, lect, or refuse, to comply with the requirements of the one hundred to make returns and forty-second and one hundred and forty-third sections of this to the comptrolact, each member thereof, who shall so neglect, or refuse, shall forfeit the sum of five hundred dollars, to be recovered in any proper action, in the name of the treasurer of the state.

ler.

TITLE XLIII.

AN ACT REGULATING THE TOLLS OF MILLERS.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

1821. 1824. 1828.

SECTION 1. That any miller may take as toll, for grinding each bushel of Indian corn, three quarts thereof; for breaking and grind- Rates of toll reg ing each bushel of Indian corn, in the ear, four quarts thereof; for ulated. grinding each bushel of provender, composed of different kinds of grain, two quarts thereof; for grinding each bushel of rye, two quarts and one pint thereof; and for bolting each bushel of rye, one pint thereof; for grinding each bushel of other grain, except malt, two quarts thereof; for grinding each bushel of malt, one quart thereof; and for bolting each bushel of meal, one pint thereof, and no more.*

legal rate of toll.

SECT. 2. If any miller shall take, or receive, a greater fee, or toll, Penalty for tak for grinding or bolting, than is herein allowed, he shall forfeit the ing more than the sum of two dollars, for each time he shall be found guilty thereof, one-half to him who shall sue for the same, and the other half to the treasury of the town where the offense shall be committed. SECT. 3. There shall be provided for each grist-mill, by the owner Sealed measures or owners thereof, the following sealed measures, to wit; one measure of a pint, one of a quart, and one of two quarts, for toll measures, with an instrument to strike the same; and the measures shall always be stricken, when toll is taken for the grinding or bolting of grain at a mill.

A prosecution will lie on this section, notwithstanding the special remedy provided in the second section. State v. Bishop, 7 C. R. 181.

to be provided for each mill.