98, 112.

absent from company election, shall forfeit one dollar, to be recovered R. S. 12, §§ 57, on complaint of the clerk, one-half to his use, and one-half to the use 3:386. of the commanding officer.

See § 44.

SECT. 42. Officers ordering elections may preside, or detail some Presiding offofficer of suitable rank to preside.

cer at elections. 1854, 367, § 9.

turns.

SECT. 43. A captain, or staff officer of the rank of captain, may pre- who to preside. side at the election of an officer of equal or inferior grade within the Record and relimits of his regiment or battalion; but no candidate for the vacancy R. S. 12, § 58. shall preside at the election, except to adjourn the meeting if no proper 1854, 367, 8. officer appears to preside.

At all elections such presiding officer shall keep a record of the proceedings, and make return thereof to the commanding officer of the battalion, regiment, brigade, or division, as may be proper.

deemed elected;

not legal unless

tified.

duced.

rolls to be pro.. 12, § 58. 1837, 240, § 6.

SECT. 44. The person who has a majority of the written votes of the Who to be electors present at a meeting duly notified, shall be deemed elected, and elections may the presiding officer shall forthwith notify him of his election, and make be adjourned; return thereof, or of neglect or refusal to elect, to the commander of the electors are nodivision. Every person so elected and notified, shall accept, if a briga- Roster and dier-general or field officer, within ten days, or, if a company officer, forthwith; otherwise he shall be taken to have refused. If before the meeting for the election of any officer is dissolved, the person chosen signifies to the presiding officer his refusal to accept, the same shall be recorded and make part of the return, and the electors shall proceed to another election. Elections may be adjourned, not exceeding twice, and each adjournment for a period not exceeding two days; but no company election shall be legal unless it is notified in the manner prescribed in section forty-one.

The original roster of the brigade, regiment, or battalion, or the original roll of the company, as the case may be, shall be produced at such elections, by the person having the legal custody thereof.

Returns of elec

sals. New elec

SECT. 45. When the electors neglect or refuse to elect to fill a va- When electors cancy, the commander-in-chief, with the advice and consent of the fail to elect. council, shall appoint a suitable person. The commanding officer of the tions and refudivision shall return all elections, and refusals or neglects to elect, to the commander-in-chief, and unless he is notified by the commander-inchief of his intention to make an appointment, he may, if necessary, order a new election.

SECT. 46. When a company newly enrolled, or, from any cause, is without commissioned officers, the commander of the regiment or battalion may without an order from the commander of the division, order an election of officers as soon as may be.

tion ordered, unless, &c. 24 Pick. 181.

R. S. 12, § 59.

Elections in comput

without officers.

R. S. 12, § 60.

an office to va

SECT. 47. When an officer holding a military commission is elected Acceptance of to another office in the militia, and accepts the same, such acceptance cate one previshall constitute a part of the return of the presiding officer, and shall ously held. vacate the office previously held.

how transmit

SECT. 48. Commissions shall be transmitted to the commanding offi- Commissions, cers of divisions, and by them, through the proper officers, to the officers elect.

SECT. 49. When a person elected or appointed to an office refuses to accept his commission or qualify at the time of acceptance, the majorgeneral shall certify the fact on the back thereof, and return it to the adjutant-general; and if the office is elective a new election shall be ordered.

ted.

R. S. 12, § 61.

When persons new election to be ordered.

refuse to accept,

R. S. 12, § 62.

toxicating

SECT. 50. No candidate for office in the militia, pending or after an officers, &c., not election, shall treat with intoxicating liquors the persons attending to treat with inthereat, and no officer shall on days of military duty so treat persons performing such duty.

SECT. 51. No officer or soldier shall be arrested on civil process, while going to, remaining at, or returning from, a place where he is ordered to attend for election of officers or military duty.

liquors.

R.S. 12, § 63, 84.
Persons on du-
ty privileged
from arrest.
R. S. 12, § 64.

Oath of commissioned of

SECT. 52. Every commissioned officer, before he enters on the duties ficers-how ad- of his office or exercises any command, shall take and subscribe before ministered and a justice of the peace, or general or field officer who has previously Form of certifi- taken and subscribed them himself, the following oaths and declara

certified.

cate.

R. S. 12, § 65. 3 Cush. 587.

Clerk's oath.
Certificate.

R. S. 12, § 66. 5 Pick. 239. See § 29.

Discharge of of

ficers upon their own request.

"I, A B, do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the constitution thereof: So help me, God."

"I, A B, do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and the laws of the commonwealth. So help me, God."

“I, A B, do solemnly swear that I will support the constitution of the United States."

And on the back of every commission the following certificate shall
be printed and signed by the person before whom such officer is
qualified: -

This may certify that A B, commissioned as within on this
A. D.

day of

personally appeared, and took and subscribed the oaths required by the constitution and laws of this commonwealth and a law of the United States, to qualify him to discharge the duties of his office.

Before me,

SECT. 53. Every clerk of a company, before he enters upon his duties, shall take the following oath, before the commanding officer of the company to which he belongs, viz.:

"I, A B, do solemnly swear that I will faithfully and impartially perform all the duties incumbent on me, as clerk of the company to which I belong, according to the best of my abilities and understanding. So help me, God.”

The commander of such company shall at the time of administering the oath certify on the back of the warrant of the sergeant appointed to be clerk, that he was duly qualified, by taking the oath required by law.

SECT. 54. When an officer requests in writing his discharge from office, with the approval of the commanders of the regiment or batR. S. 12, § 67. ́talion, brigade and division, to which he belongs, the commander-inchief may discharge him.

Request for dis

charge between

May and No

be approved,unless, &c.

SECT. 55. No commanding officer shall approve a resignation under the preceding section, if the same is offered between the first day of vember not to May and the first day of November, unless the reasons for such resignation are urgent and proved to his satisfaction; and the rolls, orderly book, roster, and documents, in the custody of the officer resigning, shall before his discharge is delivered to him, be deposited with the officer having a right to the custody of the same.

R. S. 12, § 68.

If officer refuse to approve, commander-in

SECT. 56. If an officer unreasonably refuses to approve an application for discharge, and it is so made to appear to the commanders above chief may dis- him, they may approve the same, and the commander-in-chief may discharge the applicant.

charge.

R. S. 12, § 69.

Officers not to

be discharged,

except

when unable

to discharge du

ties, &c.

when removed out of the

bounds of his command.

absent more

SECT. 57. No officer shall be discharged by the commander-in-chief, unless upon his own request, except as follows:

When it appears to the commander-in-chief that he has become unable or unfit to discharge the duties of his office, or to exercise proper authority over his inferior officers and soldiers, or that he has been convicted of an infamous crime;

When the commander of his division certifies that he has, either before or after receiving his commission, removed his residence out of the bounds of his command to so great a distance, that in the opinion of such commanding officer it is inconvenient to exercise his command; When such commander certifies that he has been absent from his

than a year, &c. command more than one year without leave;

upon address,

&c.

upon sentence, &c.

Upon address of both houses of the legislature to the governor;
Upon sentence of court martial, after trial according to law;

When the corps to which he belongs is disbanded;

Officers, when

corps is dis

In which cases he may be so discharged. Every officer, except banded. when under arrest, shall perform the duties of his office until he is R. S. 12, § 71. discharged.

appointment in

SECT. 58. When an officer accepts an appointment in the army of Discharge by the United States, his office shall thereby become vacant; and if after arm accepting such appointment, he exercises any of the powers and Penalty. authority of such office, he shall forfeit not exceeding three hundred RS. 12, §§ 72,

dollars.

sions.

SECT. 59. The commissions of staff officers appointed by a command- Staff commising officer, shall expire as soon as the successor of such commanding R. S. 12, § 73. officer is commissioned.

SECT. 60. Officers under arrest shall not resign, but shall be suspended from exercising the duties of office.

SECT. 61. A non-commissioned officer or clerk of a company may resign his office to the commanding officer of his company, and be discharged by him.

THE ADJUTANT-GENERAL.

of

SECT. 62. The adjutant-general shall hold his office for the term one year, and until his successor is appointed and qualified, but may be removed at any time by the commander-in-chief.

1837, 240, § 3. See § 9.

Officers under

arrest.

R. S. 12, §§ 70,

116.

Non-commissioned officer. R. S. 12, § 74.

eral.

Adjutant-gen-
Rs.12, §§ 22, 49.

R. S. 13, § 26.
1843, 17, § 1.
to give bond.

SECT. 63. He shall give bond to the state in the penal sum of twenty thousand dollars, with two sureties at least, to be approved by the gov. 1843, 17, § 3. ernor and council, conditioned faithfully to discharge the duties of his office; to use all necessary diligence and care in the safe keeping of military stores and property of the commonwealth committed to his custody; to account for the same, and deliver over to his successor, or to any other person authorized to receive the same, such stores and property.

SECT. 64. He shall receive a salary of eighteen hundred dollars a in full payment for all services rendered as such officer and as actyear, ing quartermaster-general and keeper of the public magazines, muniions of war, intrenching tools and other implements of war belonging to the commonwealth; and may employ in his office a clerk at a salary of twelve hundred dollars a year.

SECT. 65. He shall distribute all orders from the commander-in-chief; shall obey all orders relative to carrying into execution and perfecting any system of military discipline established by law; and shall be in attendance when the commander-in-chief reviews the militia.

salary of, clerk, &c.

1843, 13, § 4. 1854, 81, § 1. 1859, 161.

1858, 156.

to distribute all general or

ders, &c., and to attend reviews.

R. S. 12, § 12, 30 82.

to furnish blank rolls and

pany orders, &c

92.

SECT. 66. He shall furnish blank forms of rolls and of the different returns that may be required, explaining the principles upon which they returns, and should be made; of orders for the commanders of companies to order blanks for comthe non-commissioned officers and privates to notify their men to attend R. S. 12, § 9, 34 the inspections, trainings, reviews, and elections of officers, which may be ordered; and of notifications or orders, to be left with the men. SECT. 67. He shall make proper abstracts from the returns of the commanding officers of brigades and divisionary corps, and lay the turns. same before the commander-in-chief, annually.

to make abstracts of re

R. S. 12, § 33.

to make annu al returns in du

SECT. 68. He shall annually make a return, in duplicate, of the militia of the state, with their arms, accoutrements, and ammunition, plicate. according to such directions as he may receive from the secretary of R. S. 12, § 33. war of the United States; one copy of which he shall deliver to the commander-in-chief, and transmit the other to the president of the United States, on or before the first Monday in January. SECT. 69. He shall, within twenty days after the receipt of each company or band pay roll under sections one hundred and twenty-two and one hundred and twenty-four, after carrying out therein opposite to the name of each man returned, the amount of pay to which he is See 139.

to certify rolls, and trans

mit to towns. 1846, 218, $$ 3, 2

1849, 218, § 7.

Adjutant-gen

to the auditor,

roll of officers

entitled to pay. 1845, 243, § 8.

1849, 56, § 2.

entitled, and certifying thereon that it contains the names of those persons only who are entitled to pay, transmit the same to the mayor and aldermen, or the selectmen of the city or town in which the armory or place of assembly of such company or band is situated.

SECT. 70. He shall on or before the twenty-fifth day of January in eral to submit each year, make out a certified roll of the names of all the general, field and staff officers that appear by the returns made to him under section one hundred and twenty-eight, to be entitled to the pay under section 1846, 218, §§ 4, 9. one hundred and thirty-seven, and shall ascertain from the returns made to him under sections one hundred and twenty-two and one hundred and twenty-four, the amount of money necessary to reimburse the several cities and towns, and shall submit such roll and result to the auditor; and the governor shall draw his warrant on the treasury for such sums as may be necessary to pay such officers and reimburse such cities and towns.

1849, 218, § 7. See § 139.

What uniform

to be provided.

99, 112.

1840, 92, § 22. 4 Gray, 502.

SECT. 71. He shall, annually in January, lay before the auditor, an account, with vouchers, of his expenditures as adjutant-general and acting quartermaster-general.

SECT. 72. He shall distribute to the officers, regiments, battalions, and companies, of the volunteer militia, the arms, furniture, equipments, equipage, and books, required by law to be furnished at public expense, and may sue either in contract or tort any or all such officers for loss or damage sustained in articles so furnished them.

SECT. 73. He may permit the field pieces and artillery equipments now in the possession of the towns and cities, so to remain so long as they provide suitable places of deposit therefor, and keep them in good condition, without expense to the commonwealth.

ARMS, EQUIPMENTS, EQUIPAGE, &c.

ARTICLES FURNISHED BY SOLDIERS.

SECT. 74. Officers of the line and staff, and officers and soldiers of a R. S. 12, § 39, company raised at large, shall provide themselves with such uniforms complete as the commander-in-chief prescribes, subject to such restrictions, limitations, and alterations, as he may order; and every such soldier deficient therein shall forfeit two dollars, to be recovered on complaint of the clerk, one-half to his use, and one-half to the use of the commanding officer.

Uniform, &c.,
exempt from at-
tachment.
R. S. 12, § 42.
1857, 235, § 1.

Camp equipage to be furnished

to commanders of divisions, &c. Resolves, 1847, 77.

Colors to be furnished.

SECT. 75. Every officer and soldier shall hold his uniform, arms, ammunition, and accoutrements, required by law, free from all suits, distresses, executions, or sales, for debt or payment of taxes.

ARTICLES FURNISHED BY THE STATE.

SECT. 76. The quartermaster-general shall deliver as a loan from the state to the commanding officer of each division, brigade, regiment, battalion, or company, of the volunteer militia, such tents, fixtures, and other camp equipage as may be in the state arsenal; and each officer to whom such equipage is delivered, shall be responsible for the safe keeping of the same; and in case of the discharge or death of such officer, he or his legal representative shall be released from such responsibility, upon filing in the office of the adjutant-general, a certificate of the officer succeeding him in command, that the articles so furnished are at the date of the certificate, in good order and condition, reasonable use and wear thereof excepted.

SECT. 77. Each regiment and battalion shall be furnished by the Who responsi- state with the state and regimental colors, their staffs, belts, and sockets, and the commander of such regiment or battalion shall be responsible for their safe keeping.

ble.

R. S. 12, § 43.
Arms and

SECT. 78. Each company of the volunteer militia on application by

be furnished. 1840, 92, § 20.

the commander thereof to the adjutant-general, and producing satisfac- equipments to tory evidence that a suitable armory or place of deposit is provided therefor agreeably to section eighty-eight, shall be furnished with such appropriate arms and equipments as shall be determined by the commander-in-chief.

sible for equip

SECT. 79. The commissioned officers of every company of volunteer Commissioned militia shall, from the time of their being qualified, be responsible for officers responthe safe keeping and return of all arms, equipment, and equipage, fur- ments. nished and in their possession, by provisions of law, and for any loss or 1842, 93, 1. damage thereto, compensation may be obtained by an action of con- 1852, 312 Resolves, 1845, tract brought by the adjutant-general against all or any of such 71.

officers.

1840, 92, § 20.

SECT. 80. In case of the discharge or death of such an officer, he or how relieved his legal representative shall be relieved from such responsibility, upon bility, in case of from responsifiling in the office of the adjutant-general a certificate signed by not less discharge, &c. than two commissioned officers of his company, that such articles Resolves, 1845, are, at the date of the certificate, undiminished in quantity and value, 71. reasonable use and wear excepted.

1842, 93, § 2.

SECT. 81. Upon the disbandment of a volunteer company which has Arms, &c., to received arms, equipments, or equipage, from the adjutant-general, he disbanded comshall receive the same on presentation thereof by the officers of the pany. company, or their agents.

music fur

1842, 93, § 4. SECT. 82. Each company of militia shall be furnished with such Instruments of instruments of music as the commander-in-chief shall order. Each med. commander of a brigade may draw orders upon the quartermaster- Commander of general, or officer acting as such, in favor of the commanders of regi- order. ments, battalions, and companies, for colors and instruments of music. Commanders of companies shall be responsible for the safe keeping of R. S. 12, § 43. the instruments delivered to them for the use of their companies.

brigade to draw Who responsi

ble.

furnished to ar

of war, &c.,

SECT. 83. Each company of foot artillery, shall be provided by the Cannon, ammuquartermaster-general with the battery of manœuvre prescribed for that nition, &c., to be arm by the war department of the United States; with caissons, harness, tillery. implements, laboratory, and ordnance stores, which may, from time to time, be necessary for their complete equipment for the field; and, when When in state a state of war, or danger thereof, renders target practice expedient in powder, &c., the opinion of the commander-in-chief, such quantity of ammunition furnished. annually as he deems necessary to be expended in experimental gun- who accountnery. The commissioned officers of each company shall be accountable able. for the preservation of the pieces, apparatus, and ammunition aforesaid, 1849, 218, § 13. and for the proper expenditure of the ammunition.

R. S. 12, § 44.

1853, 174, § 7.

march out of

Expenses of

SECT. 84. The commanding officer of such company, when it is When company ordered to march out of the city or town where the gun-house is situ- ordered to ated, and on occasions of parade for experimental gunnery, or camp town, &c. duty, shall provide horses to draw the field pieces and caissons, and battery, how present his account of the expenses thereof, as provided in section one paid. hundred and forty-nine. On all other occasions when ordered out by 1849, 218, § 13. an officer of competent authority for camp or salute duty, the charges for horses, powder, and necessary expenses, shall be defrayed by the quartermaster-general.

R. S. 12, § 45.

1852, 17, 27.

SECT. 85. Every general and field officer, division and brigade-in- Scott's Tactics, spector, adjutant of regiment or battalion, and commander of a company, &c, to be funshall be furnished with Scott's Infantry Tactics, adopted by the war cers. department in the year eighteen hundred and thirty-five; every subal- Resolves of tern officer of an infantry company with the first and second volumes of 1854, 32. said Tactics; every field, staff, and company officer, and non-commissioned officer, with the compend of instruction in military tactics and the manual of percussioned arms with extracts from the army regulations, prepared by the adjutant-general. All which books shall be considered public property, and delivered by such officers to their successors.