shall certify that the duty was well and faithfully performed. For neg lect to make such return, the master shall forfeit twenty-five dollars, and for making a false return shall forfeit one hundred dollars, to be prosecuted for by the officer to whom the return should be made.

to make returns

Penalties.

1846, 218, § 5. 1849, 218, 10.

SECT. 125. On the last day of each tour of camp duty, commanders Commanders of of regiments and battalions shall make correct certified rolls of the field regiments, &c., and staff officers of their several commands on duty for each day, speci- of officers. fying the names, rank, and duty done, by each officer who appeared armed, uniformed, and equipped, on any day, and deliver the same to the brigade-major or inspecting officer of the camp. Every officer neglecting to make such returns, shall forfeit for each offence fifty dollars, and for making a false return in any case two hundred dollars, to be prosecuted for by the officer to whom the return should be made.

1854, 367, § 10.

Penalty.

1846, 218, § 5.

10.

SECT. 126. Brigade-majors within twenty days after each tour of Brigade-majors camp duty done by their respective brigades, or the regiments or bat- to make returns of brigade and talions thereof, shall make and transmit to the commander of the brigade field and staff a correct return of such brigades, reporting therein the condition of the peers, &c. arms, accoutrements, and ammunition, of the several corps, with such R. S. 12, § 32. suggestions relating to the government of the militia, and the advance- 1849, 218, § 11. ment of order and discipline, as in his judgment may be required; and 1854, 367, §§ 1, 2, also in like manner make and transmit to the commander of division a certified roll of the general field and staff officers of their several brigades, specifying the rank of and duty done by each one who appeared uniformed and equipped, and performed duty on any day. For neglect to make either of said returns each brigade-major shall forfeit seventyfive dollars, and for making a false return in any case, three hundred dollars, to be prosecuted for by the officer to whom the return should be made.

returns to com

vision.

make returns to

SECT. 127. Commanders of brigades shall within thirty days after Commanders of each tour of camp duty performed by the troops under their respective brigade to make commands, transmit to the commanders of their divisions a correct re- manders of diturn of their respective brigades, as furnished by the brigade-majors under the preceding section. Commanders of divisions shall within Commanders of ten days after the receipt of such returns of brigades under their division to respective commands, transmit to the office of the adjutant-general adjutant-gencorrect returns of the state of their divisions, as derived from such eral. brigade returns. Each officer, for neglect to make the returns required Penalties. of him under this section, shall forfeit for each offence one hundred 1854, 367, §§ 1, 2. dollars, to be prosecuted for by the officer to whom the return should be made.

division to

Penalty.

SECT. 128. Commanders of divisions shall, annually, on or before Commanders of the first day of November, make and transmit to the office of the adju- make out roll of tant-general a certified roll of the general field and staff officers in their officers. respective divisions, specifying the name, rank, and duty done, by each 1846, 218, § 5. one who has appeared armed, uniformed, and equipped, and performed 1819, 218, 12. duty, on any day. For neglect to make such return, such commander See $70. shall forfeit one hundred dollars, and for making a false return in any case five hundred dollars, to be prosecuted for by the officer to whom the return should be made.

CALLING OUT THE MILITIA IN CASE OF WAR, INVASION, INSURRECTION,

TUMULT, OR RIOTS.

SECT. 129. When an invasion of or insurrection in the state is made Militia, how called out in or threatened, the commander-in-chief shall call upon the militia to case of invarepel or suppress the same; and may order out divisions, brigades, regi- sion, &c. When comments, battalions, or companies; or may order to be detached parts or mander of divis companies thereof, or any number of men to be drafted therefrom, and ion may order out troops. may cause officers to be detailed, sufficient, with those attached to the

troops, to organize the forces. If such invasion, or insurrection, or imminent danger thereof, in any part of the state is so sudden that the commander-in-chief cannot be informed and his orders received and executed in season to resist or suppress the same, a commander of division in such part of the state may order out his division, or any part thereof, as the commander-in-chief might do.

SECT. 130. When a draft from the militia is ordered, the non-commissioned officers and privates, except so many as offer to serve voluntarily, shall be drafted by lot from the company, and the officers regularly detailed from the roster.

SECT. 131. If a company without officers is ordered to march, or a draft or detachment is ordered therefrom, the commander of the regi ment or battalion shall detail an officer to command, who shall have the same authority to order them to appear, to command them in the field, or to make a draft or detachment therefrom, as the captain of such company would have; and shall be under the same responsibility.

SECT. 132. Every soldier so ordered out, detached, or drafted, who does not appear armed and equipped according to law, at the appointed time and place, or provide a substitute, or within twenty-four hours pay to the captain of his company fifty dollars, shall be taken to be a soldier absent without leave; and each soldier, ordered out, detached, or drafted, when so ordered, shall take with him provisions for not less than three days.

SECT. 133. The selectmen of a town and the mayor and aldermen of a city to which men so ordered out, detached, or drafted, belong, when required in writing by the commander of a regiment or detachment, shall provide carriages to attend them with further supplies of provisions, and to carry necessary baggage, and provide necessary camp equipage and utensils, until notified by the commanding officer to desist; and shall present their accounts, as provided in section one hundred and forty-nine. For any neglect by mayor and aldermen or selectmen under this section, their place shall forfeit not less than twenty nor more than five hundred dollars. The officer, to whom any articles above mentioned are delivered, shall be responsible that care is taken of the

same.

SECT. 134. When there is in any county a tumult, riot, mob, or a body of men acting together by force with intent to commit a felony, or to offer violence to persons or property, or by force and violence to break and resist the laws of the commonwealth, or when such tumult, riot, or mob, is threatened, and the fact is made to appear to the commander-in-chief, or the mayor of a city, or to a court of record sitting in said county, or, if no such court is sitting therein, then to a justice of such court, or, if no such justice is within the county, then to the sheriff thereof, the commander-in-chief may issue his order, or such mayor, court, justice or sheriff may issue a precept, directed to any commander of a division, brigade, regiment, battalion, or corps, directing him to order his command, or a part thereof, (describing the kind and number of troops,) to appear at a time and place therein specified, to aid the civil authority in suppressing such violence, and supporting the laws; which precept, if issued by a court, shall be in substance as follows:

within and for the county of

causes above mentioned) in our county of

{

insert his command. now holden at that (here state one or more of the and that military force is necessary

to aid the civil authority in suppressing the same; now therefore, we command you that you cause, (here state the number and kind of troops required,) armed, equipped, and with ammunition, as the law directs, and with proper officers, either attached to

, on

the troops, or detailed by you, to parade at

, on the

day of

then and there to obey

, in the year

C D, Clerk.

such orders as may be given them, according to law. Hereof fail not at your peril;
and have you there this writ, with your doings returned thereon.
Witness, L. S., Esq., at
And if the same is issued by a mayor, justice, or sheriff, it shall be
under his hand and seal, and otherwise varied to suit the circumstances
of the case.

1840, 92, §§ 26,

SECT. 135. The officer to whom the order of the commander-in-chief Penalties for disobedience, or such precept is directed, shall forthwith order the troops therein men- &c. tioned to parade at the time and place appointed. If he refuses or R. S. 12, § 135. neglects to obey such order or precept, or if an officer neglects or re- 28. fuses to obey an order issued in pursuance thereof, he shall be cashiered See §§ 161, 168. and punished by fine or imprisonment not exceeding six months, as a court martial may adjudge. And a non-commissioned officer or soldier neglecting or refusing to appear at the place of parade to obey an order issued in such case, or any person advising or endeavoring to persuade an officer or soldier to refuse or neglect to appear at such place, or to obey such order, shall forfeit fifty dollars.

pear armed, &c.

SECT. 136. Such troops shall appear at the time and place appointed, Troops to aparmed and equipped, and with ammunition as for inspection of arms, 1840, 92, § 29. and shall obey and execute such orders as they may then and there See §§ 161, 168. receive according to law.

COMPENSATION.

field, and staff 1849, 218, § 7. See § 70.

officers.

SECT. 137. General, field, and commissioned staff officers shall Pay of general, receive for each day's duty in camp, and according to the returns of the inspecting officers of encampment, five dollars, and non-commissioned staff officers three dollars a day, to be paid them from the state treasury, upon the warrant of the governor and council, and according to a pay roll made up in the office of the adjutant-general.

1852, 104, § 1.

Pay of inspect

R. S. 12, § 123.

SECT. 138. Division-inspectors, brigade-majors or inspectors, and adjutants of regiments or battalions, of volunteer militia, shall receive or, &c. twenty-five dollars annually; adjutants of enrolled organized militia, twelve dollars annually.

SECT. 139. Every officer and soldier of the volunteer foot companies shall receive, for each day's duty in camp, two dollars and fifty

cents.

Every member of a regimental or battalion band shall receive, for services performed in obedience to an order of his regimental or battalion commander, at the rate of three dollars a day while on duty. Every member of a mounted company or band shall receive double the pay allowed to such members performing duty on foot.

Such sums shall be computed by the adjutant-general on the company and band pay rolls, made out, certified, and returned, under sections one hundred and twenty-two, and one hundred and twentyfour.

After such computation, such pay rolls shall be transmitted to the mayor and aldermen of the cities and the selectmen of the towns in which such companies and bands are situated, as provided in section sixty-nine.

Upon receipt of the same, the mayor and aldermen, and selectmen, shall draw their warrants upon their respective treasurers, directing them to pay the amount due to the persons named in such rolls, and shall, annually, on or before the first day of December, under a penalty of thirty dollars for neglect in so doing, remit such rolls to the adjutantgeneral, with a certificate indorsed thereon, setting forth that a warrant has by them been drawn on their respective treasurers, in favor of the several persons whose names are recorded therein. Thereupon the adjutant-general shall lay the same, together with his roll, prepared under

1837, 240, § 8.

1839, 163. 1842, 93, § 9.

of members of bands, how computed, disbursed, &c.

companies, and

1846, 218, § 3, 4, 8,9,

1849, 56, § 2. 1849, 218, § 7.

1853, 174, § 6.

1859, 226.

2 Met. 296.

4 Gray, 601.

Pay forfeited

returns. Not to be received unless full duty is performed, except, &c.

section seventy, of general, field, and staff officers entitled to pay, before the auditor, and the governor may draw his warrant on the treasury for such sums as may be necessary to pay such officers and reimburse such cities and towns.

SECT. 140. The compensation provided in the preceding section for deficiency in shall be forfeited for default in making the returns required by sections one hundred and twenty-two and one hundred and twenty-four; and no person shall receive compensation who does not remain in camp and perform all duties required during the period of encampment; except 1850, 168, 11, that a person who once appears and is excused from further duty by reason of sickness, shall be entitled to compensation for the time he is actually engaged in service.

§ 1.

Personal ser

vice requisite to Excuses not to

compensation.

entitle to. 184, 101, § 2.

Inspector-general, expenses.

R. S. 12, § 128.

1846, 218, § 12.
Pay for travel

mentary drills.
How paid.
1851, 367, §§ 3, 5.

SECT. 141. No officer or soldier in the volunteer militia shall receive the compensation provided in this chapter, unless he personally performs the duties required by law; nor shall excuses granted for absence from or non-performance of military duty entitle the person excused to receive such compensation.

SECT. 142. The adjutant-general shall present his account for expenses incurred in the performance of his duty as inspector-general to the auditor of accounts for allowance.

SECT. 143. Each officer and soldier appearing at an elementary drill in attending ele- shall receive for his necessary travel to and from the place of drill five cents a mile not exceeding forty miles in all. The travel of every such person shall annually on or before the first day of October, be certified and returned to the adjutant-general by the commander of his regiment, battalion, or detached company; and the sums due members of companies therefor shall be computed by the adjutant-general on such returns, and be transmitted, paid, remitted, and reimbursed, as provided in section one hundred and thirty-nine. The sums due other officers shall be made up according to such returns, and paid as provided in section one hundred and thirty-seven.

of detachment on special duty. 1840, 92, § 27. 1852, 104, § 4.

for travel in.

SECT. 144. When a detachment is ordered on special duty, by the commander-in-chief, or under section one hundred and thirty-four, each member shall receive two dollars a day while in the performance of such duty, and four cents a mile for travel.

SECT. 145. Officers obliged to go out of the city or town of their attending elec- residence to attend a military election, shall be allowed five cents a mile, each way, for travel.

tions.

1851, 367, § 9.

of members

of courts martial, &c.

of president.

of judge-advocate.

of marshal and members.

of witnesses. 1855, 120, § 2.

Fees.

Pay not allowed guard, &c.

R. S. 12, § 124.

Relief to sol

diers or their families.

SECT. 146. Officers composing courts martial, courts of inquiry, and military boards, and witnesses attending before them, shall receive five cents for every mile they necessarily travel, in going to and returning from the place of trial, and the following sums for each day of attend

The president of a court martial, court of inquiry, or military board, three dollars.

The judge-advocate of the same, four dollars; which shall be in full compensation, also, for all services of preparing papers before, and making copies after, any trial, inquiry, or investigation.

The marshal and other members of such court or board, two dollars. Each witness attending on such court, or board, one dollar and twenty-five cents.

Fees for subpoenas, and service of them, shall be the same as in civil

cases.

No allowance shall be made for pay or rations for a military guard, unless such guard is ordered by the officer appointing the court; nor shall the above compensation be made to officers in actual service and receiving pay.

SECT. 147. If an officer or soldier is wounded, or otherwise disabled, or is killed, or dies of wounds received, while doing military duty, he,

his widow, or children, shall receive from the general court just and B. S. 12, § 126. reasonable relief.

actual service.

SECT. 148. The militia, while in actual service, shall receive the same Pay of troops in pay and rations as the regular troops of the United States; and the see § 171. rations shall be valued at twenty cents each.

to those who

provide uni

Every non-commissioned officer and private who provides himself with a uniform and blanket when called into service, shall receive, Poon, un monthly, in addition to his stated pay, as follows: every sergeant and musician, four dollars; every corporal and private, three dollars and seventy-five cents; and if he does not so provide himself, he shall be allowed, monthly, two dollars and fifty cents.

When the militia are discharged from actual service, they shall be allowed pay and rations to their respective homes, at the rate of fifteen miles a day.

to those without uniforms.

when discharged, &c.

R. S. 12, § 127.

counts, &c.,

paid.

1859, 226.
126.

SECT. 149. All military accounts, including claims against the state Military.acfor money expended in the transmission of military documents to and how examined, from the department of the adjutant-general, unless it is otherwise certified, and specially provided by law, shall annually on or before the fifth day of R. S. 12, § 128. January be transmitted to the adjutant-general and examined, and if 1849, 56, § 2. found correct, certified by him. They shall then, unless it is otherwise Resolves, 1845, specially provided by law, be presented to the state auditor for allow- See § 84. ance, and upon such allowance certified by him to the governor, shall be paid to the persons to whom they are severally due, or to their order, at the treasury of the commonwealth. And no military account shall be certified by the adjutant-general, or allowed by the auditor, unless presented to the adjutant-general for allowance within the time prescribed by law.

EXCUSES.

made within 20

&c.

S. §§

SECT. 150. Excuses for the non-appearance of a soldier shall be made Excuses to be to the commanding officer of his company, or the officer detailed to days, unless, train and discipline the company, under section thirty, within twenty clerks to be indays after a training or other military duty, from which he has been formed of exabsent; and on the delinquent's producing satisfactory evidence of his Rs. 12, §5 94, inability to appear, such officer may excuse him; but no such officer 97. 4 Pick. 66. shall receive an excuse for non-appearance, after the expiration of the 15 Pick. 1, 7. twenty days. No excuse shall avail such soldier, on a prosecution for See § 154. the recovery of a fine or forfeiture, unless proved to have been made to such officer before the expiration of the twenty days, unless the delinquent satisfies the court or justice before whom the case is tried, that it was not in his power to make such excuse within the time. Such officers shall inform their clerks of all excuses allowed for non-appearance. SECT. 151. No commanders of companies shall receive excuses for deficiencies of equipment.

Deficiencies in equipments. R. S. 12, § 95.

tions not to be

&c.

SECT. 152. When a person is entitled to exemption from military Certain condiduty, upon presenting evidence of the cause of his exemption to his tional exemp commanding officer within or before a certain time as provided in excuses, unless, sections ten, eleven, and twelve, and omits so to present such evidence, R. s. 12, § 96. it shall not avail him by way of excuse upon a prosecution for a par- 11 Mass. 456. ticular absence or default, unless he makes his excuse to the commanding officer within twenty days after the training, or satisfies the court or justice it was not in his power to make such excuse within the time.

17 Mass. 51.

PROSECUTION FOR FINES.

bers of volun

SECT. 153. Fines and forfeitures incurred by members of volunteer Fines of memcompanies, under their constitutional articles of agreement, may be col- teer companies. lected by such persons and disposed of in such manner, for the benefit 1837, 240, § 9. of said companies, as a majority of the members thereof determine.