Exemption 179. R. L. 16, 173. 1908, 604, 1905, 465, 195. No loss of pay or vacation to in militia. 1916, 126 (G). proper performance of which he shall furnish bond to the commonwealth. Suit on the bond of such officer to recover for any misappropriation of the fund shall be brought in the name of the commonwealth for the benefit of the organization affected. Upon the disbandment of any organization maintaining a fund as above provided, the adjutant general shall at once become custodian or treasurer thereof, and shall draw a check for the total amount on deposit in favor of the treasurer and receiver general, who shall hold such funds or shall expend them as the legislature may prescribe. SECTION 64. Members of the volunteer militia shall not be liable to jury duty, and any officer or soldier who has served faithfully for nine years in the volunteer militia shall be exempt for life from jury duty, and the statement of such service shall be endorsed on the back of his discharge and certified by his commanding officer. SECTION 65. Any person in the service of the commonstate employees wealth shall be entitled, during the time of his service in the organized militia, under the provisions of sections seventeen, twenty-five, twenty-six, one hundred and forty-six, one hundred and forty-seven and two hundred and thirty-nine, to receive pay therefor, without loss of his ordinary remuneration as an employee or official of the commonwealth, and shall also be entitled to the same leaves of absence or vacation with pay given to other like employees or officials. Rolls of militia. be furnished to city and town officers. SECTION 66. Rolls of the volunteer militia, showing the names of all general, field, staff and noncommissioned staff 1908, 604, 196. officers, and the names of all company officers and enlisted men in the service, shall be made on the first day of January in each year. Those for companies shall be prepared by the respective company commanders, and all others by direction Sworn copies to of the commanding officers of the several organizations. A sworn copy of such rolls, or of so much thereof as may be necessary, shall be furnished by the commanding officers of companies and of such other organizations before the tenth day of January in each year to the registrars of voters in any city except Boston, and in Boston to the election commissioners, and to the selectmen of any town, in which such companies or organizations or any members thereof are situated, for use in ascertaining exemptions from jury duty. The issue by an officer of the volunteer militia of a false certificate, or the issue of a certificate to any person not Penalty for false certificate. entitled to receive the same, for the purpose of securing exemption from jury duty, shall be punished in such manner as the commander-in-chief shall direct. The clerk of the Ancient and Honorable Artillery Company shall furnish annually to the election commissioners in the city of Boston and to the registrars of voters in any other city, or to the selectmen of any town, sworn rolls of all active members belonging to the company resident in such city or town. No member of the Ancient and Honorable Artillery Company, otherwise liable for jury duty, shall be exempt if the sworn roll hereby required has not been made and furnished as aforesaid. from arrest on SECTION 67. No officer or soldier shall be arrested on Exemption civil process while going to, remaining at or returning from civil process. a place where he is ordered to attend for election of officers R. L. 16, § 174. or for military duty. 181. 1905, 465, for injury durduty. 1906, 504, 15. 1908, 604, 198. 1914, 380, 1. 1905, 465, 182. 1909, 170, § 1. SECTION 68. A member of the volunteer militia who Compensation shall, when on duty or when assembled therefor under the ing military provisions of sections seventeen, twenty-five, twenty-six, one R. L. 16, § 175. hundred and forty-six, one hundred and forty-seven, one hundred and fifty-nine, two hundred and thirty-nine and two hundred and forty-four, receive any injury by reason of such duty or assembly, or who shall without fault or neglect on his part be wounded or disabled, or contract any sickness or disease, while performing any such lawfully ordered militia duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive such compensation as shall be fixed by a board appointed to inquire into his claim, not exceeding in amount the pay provided for by this act and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a board of three officers, at least one of whom shall be a medical officer, to be appointed by the commander-in-chief. The board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and to punish their failure to do so, as is possessed by a general court-martial. The findings of the board shall be subject to the approval of the commander-in-chief. The amount found due such member by said board, to the extent that its findings are approved by the commander-in-chief, shall be a charge against the commonwealth, and shall be paid in the same manner as other military accounts. Interference with militia, penalty. 1912, 358, § 1. Paymasters' bonds. 178. R. L. 16, 1908, 604, 1905, 465,185. 201. 1916, 284 (G), § 14. Bond for military property, etc. R. L. 16, § 179. 1908, 604, 202. SECTION 69. Any person who wilfully either deprives a member of the volunteer militia of his employment, denies him employment, prevents his being employed by another, or obstructs or annoys him or his employer in respect of his trade, business or employment, because of such member's connection with the volunteer militia or because of his necessary absence from business in performance of his duty as such member, and whoever dissuades any person from enlisting in the volunteer militia by threat of injury to him in respect of his employment, trade or business, or of other injury, in case he shall so enlist, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. SECTION 70. Each officer regularly assigned to the duty of paying troops, and the pay officers of the naval militia, shall give bond in the penal sum of ten thousand dollars, with such surety or sureties as may be approved by the governor and council, conditioned faithfully to perform the duties of his office. SECTION 71. Any officer of the volunteer militia to whom any public property is at any time issued may be required to 1905, 465, 186. give bond, with such surety or sureties as may be approved by the governor and council, conditioned faithfully to perform the duties of his office; to properly hold and administer funds; to use all necessary care in the safe-keeping of military stores and property committed to his custody; and to account for and deliver to his successor, or to any other person authorized to receive the same, all such military property or funds. Reimburse ment for pre 1908, 469. SECTION 72. When a member of the volunteer militia mium on bond. who has the custody of property of the commonwealth, or who is charged with the duty of receiving or disbursing money, is required to give bond to the commonwealth for the faithful discharge of his duty, the commonwealth shall reimburse him for any amount that he may be required to pay to a surety company for becoming surety on his official bond. Schedule SECTION 73. The adjutant general may arrange for such schedule bonds as he may deem advisable to take the place of bonds now required by law from any officers of the Massachusetts volunteer militia. Any such schedule bond shall be with such surety as is satisfactory to the governor and council, and the condition shall be that the officer or officers named in the bond shall faithfully perform the duties of their offices, and the bond shall contain such other conditions or provisions as may be required by law. Such bonds shall take the place of any bond that may be required from any officer named in the schedule bond. The premium due to any surety company for acting as surety on any such bond shall be paid by the commonwealth. of the Ancient Artillery Com fected. 1908, 604, 205. property ex taxation. SECTION 74. (a) The provisions of this act shall not Certain rights affect the right of the Ancient and Honorable Artillery and Honorable Company to maintain its organization as a military com- pany not afpany and its constitution and by-laws in so far as the same 16, § 182. are not repugnant to the laws of this commonwealth or of 1905, 465, 190. the United States and do not restrain the lawful parade or exercise of the active militia. (b) Real estate owned by or held in trust for a regiment, Certain militia corps, company or other organized unit of the volunteer empt from militia and used exclusively for military purposes, and 1915, 40 (G). tangible personal property owned by such an organized unit of the volunteer militia and used by it or its members exclusively for military purposes, shall be exempt from taxation in any year in which the trustee or a competent officer of the organization owning such property brings in to the assessors the list and statement required by section forty-one of Part I of chapter four hundred and ninety of the acts of the year nineteen hundred and nine, and acts in amendment thereof. civil officers SECTION 75. Civil officers named in this act who neglect Penalty on or refuse to obey its provisions shall, except as is otherwise for violation expressly provided, forfeit not less than twenty nor more R. L. 16, § 185. than five hundred dollars for each offence. SECTION 76. (a) Money or other suitable prizes may be awarded for shooting, athletic or other competitions in the militia under such regulations as the commander-in-chief shall determine, which prizes shall be paid out of the treasury of the commonwealth from the appropriation for military accounts, or from the appropriation for small arms practice if the prizes are for shooting. of this act. 193. 1905, 465, Prizes for competitions. and repair of 1916, 123 (G), (b) For the maintenance and repair of aeroplanes, given Maintenance to the commonwealth for the use of the militia, the adjutant aeroplanes. general may expend annually such sums as may be appro- 1. priated therefor. SECTION 77. There shall annually be allowed and paid Allowances for out of the treasury of the commonwealth such sum as may instruction. annually be appropriated, to be expended under the direc- 1908, 317, § 1. military 1905, 202, § 1. 1912, 399, § 1. 1913, 664, § 1. 1908, 604, 174. tion of the adjutant general in furnishing the officers and men of the militia with uniform instruction in military authority, organization and administration and in the elements of military art. Certificates for allowance of expenses incident to such instruction shall be furnished to the adjutant general, and upon his approval payment shall be made to the person or persons certified to be entitled thereto. To continue as now consti tuted, etc. 1908, 604, 25. Coast artillery corps a regiment. 1908, 604, § 20. 1912, 720, § 2. Special details, etc., by commander-inchief. PART II. LAND FORCES. 1. Organization. SECTION 78. (a) The land forces shall consist of the national guard, the national guard reserve, the national guard retired list, such other units, officers and enlisted men as the commander-in-chief may prescribe under section fourteen, and any part of the unorganized militia serving with the land forces under the provisions of sections eight, nine and eleven. (b) The national guard of Massachusetts shall consist of such regiments, corps or other units as the commander-inchief may from time to time authorize to be formed, all to be organized in accordance with the laws of the United States affecting the national guard and the regulations issued by the secretary of war. 1910, 228, § 1. 1911, 326, § 1. 1915, 289 (G), § 1. (c) The national guard and the organizations thereof shall be and continue as at present constituted until changed by the commander-in-chief under authority of law. (d) The coast artillery corps shall be considered a regiment in all matters of administration and law, unless especially excepted in law or orders. (e) The commander-in-chief may, by order, attach officers and enlisted men of staff departments and corps to brigades, 1908, 604, § 20. regiments, battalions and other organizations for duty therewith, and shall so detail such officers and enlisted men as may be necessary to comply with the provisions of United States laws concerning the organized militia. 1912, 720, § 2. National guard reserve. Graduates of training school (f) The national guard reserve shall consist of such organizations, officers and enlisted men as the commander-inchief shall prescribe, consistently with the requirements of the United States. (g) Graduates of the training school, national guard, to be appointed Massachusetts volunteer militia, shall, upon their own |