TITLE SECOND.

CHAPTER 16.

OF THE MILITIA.

6. Persons between 30 and 45 years of ARTICLE V. ROSTERS, ROLLS AND RE

CHAP. 16.

CHAP. 16. SECT. 26. Penalty for neglect of captain to SECT. 53. Precedence in rank, to be decided

make returns.

27. Returns of artillery or cavalry, not
annexed to a regiment or battalion.
28. Returns to be transmitted by mail.
29. List of members of volunteer com-
panies to be returned annually to
the commander of the regiment.
30. Adjutant general to make returns.

ARTICLE VI. ARMS AND EQUIPMENTS.

31. Officers and soldiers to be con-
stantly equipped.

32. Uniform of officers.

33. Equipments and uniform exempt
from attachment.

34. Persons unable to equip them-
selves, how to be furnished.

35. Parents, masters and guardians to

equip minors. Proviso.

36. Officers and privates exempt from
arrest, when on duty.

ARTICLE VII. ARTICLES FURNISHED.

37. State colors; instruments of mu-
sic.

38. Blank orders and notifications.
39. Field pieces, apparatus and am-

munition for artillery. Horses.
40. Towns to provide ammunition, on
governor's proclamation. Penal-
ty for neglect.

41. Town treasurers to pay one dol-
lar to each soldier at review.
Proviso. Penalty for neglect.
42. Blank cartridges to be furnished
by town treasurers for review.
43. Governor to cause repairs of ap-
paratus, and the erection and
repair of gun houses for artillery.
44. Decayed gun houses may be sold.
ARTICLE VIII. OFFICERS, APPOINTMENT
OR ELECTION, AND QUALIFICATION.
45. Commissioned officers required
by laws of the United States, how
chosen or appointed.

46. Non commissioned officers, how
appointed.

47. Additional officers, and how ap-
pointed.

48. Manner of choosing officers. Ten
days notice to electors.

49. Returns of elections and commis-
sions, how transmitted.

50. Companies neglecting to do duty,
or elect officers, to be disbanded.
51. Officers to take rank from day of

their election or appointment.

by lot in certain cases.

54. Oath of commissioned officers.
55. Clerks of companies, how appoint
ed and sworn.

56. Duties of such clerks.
57. Clerks pro tempore.

58. Any member may be required to
perform certain duties of the clerk,
in certain cases. Forfeiture for
neglect.

59. Commanding officer to keep the records in such cases.

60. Vacancy of superior officer, how supplied.

61. If a company be destitute of officers, commander of regiment or battalion may appoint non commissioned officers.

62. In case a company remain without officers three months, commander of regiment shall detail an officer to take command. Such officer to keep records, and prosecute for fines.

63. Penalty, if non commissioned officer or private, in such case, neglect to warn the company, when ordered.

64. Compensation of adjutant and quarter master general.

65. Compensation of certain other officers.

66. General duties of officers.

ARTICLE IX. OFFICERS, HOW DISCHARGED.
67. Term of office limited to seven
years, unless reelected. Proviso,
in case of major general. Occa-
sions for discharge.

68. Officers not to resign, when under
arrest. Resignations not allowed
between May 1, and November 1,
except for special reasons.
69. Officers to deliver up orderly and
other books and property, before
resigning.

70. Penalty for refusal to deliver up
property of the state, on removal
from office.

71. No officer exempt from duty until discharged, except when under

arrest.

72. Officers convicted of infamous crimes, to be placed under arrest. 73. Elections of unsuitable persons to be void. Officers, becoming unfit, may be discharged.

52. If commission be lost by casualty, ARTICLE X. INSPECTION, DISCIPLINE,

officer may be commissioned

anew.

TRAININGS AND REVIEW.

74. Inspection on the first Tuesday of

May. Company trainings.

SECT. 75. Selections of militia law to be SECT. 98. Penalties for disobedience of non CHAP. 16.

77. Appointment of time and place ARTICLE XIV. PROSECUTIONS FOR FINES

CHAP. 16. SECT. 127. Accused officer to be arrested, ART. x. Provocations or challenges.

and to have a copy of charges
before trial.

123. Proceedings, if he fail to appear,
withdraw, or stand mute.
129. Offences of commissioned offi-
cers triable by courts martial.
130. Limitation of prosecutions be-
fore courts martial.

131. Arrests on the field of parade.

139. Officers responsible for camp e-
quipage and utensils.

140. Members of cavalry companies
to march with their own horses,
after appraisal.

XI. Officers suffering others to fight

duels.

XII. Officers to quell affrays and disorders.

XIII. Upbraiding others for refusing challenges.

XIV. Officers to keep good order, and redress abuses.

XV. Officer wronged, may complain to the commander in chief. XVI. Inferior officer wronged, may complain to colonel.

XVII. Selling or wasting ammunition. XVIII. Absence without leave.

XIX. Absence one mile from camp without leave.

XX. Not retiring to quarters at beating of tattoo.

XXI. Officers and soldiers to repair to parade at time fixed.

XXII. Intoxication.

XXIII. Sentinel sleeping on his post.
XXIV. Making false alarms.

XXV. Quitting platoon or division with-
out leave.

XXVI. Insulting or abusing persons bringing provisions.

XXVII. Abandoning post in time of engage

ment.

XXVIII. Making known the watch word.
XXIX. Relieving the enemy.

XXX. Corresponding with the enemy.
XXXI. Public stores taken from the ene-

my, to be secured. XXXII. Leaving post for plunder.

141. Officer neglecting to make draft, XXXIII. Compelling commanding officer to

to be arrested.

142. Pensions to be allowed, if a sol-
dier be killed or disabled, when
on duty.

ARTICLE XVII. RULES AND ARTICLES FOR
GOVERNING THE TROOPS STATIONED IN
FORTS AND GARRISONS WITHIN THIS
STATE; AND ALSO THE MILITIA, OR ANY
PART THEREOF WHEN CALLED INTO AC-
TUAL SERVICE.

143. Rules, and penalties for violation
thereof.

1. Attendance on divine worship.
Behavior.

11. Profanity.

III. Seditious or disrespectful words.
IV. Contempt towards superior offi-

cers.

v. Mutiny.

VI. Not endeavoring to suppress mu-
tiny.

VII. Assaulting superior officer, or dis-
obedience of orders.

VIII. Desertion.

IX. Advising to desert.

abandon post,

XXXV. When different corps do duty together, the oldest officer to command.

XXXVI. Same rule, when different corps march or encamp together. XXXVII. General courts martial, how constituted.

XXXVIII. Rank of members.

XXXIX. Appointment of prosecuting officer; oath of members and prosecutor. XL. Deportment of members; mode of giving votes.

XLI. Witnesses to be examined under oath.

XLII. No sentence of death, without concurrence of two thirds of the members.

XLIII. Punishment for refusal of witnesses to testify.

XLIV. Rank of officers for trial of a field officer. Proceedings to be between sunrise and sunset.

ART. XLV. Sentence to be reported to com-ART. LV. Officer under arrest leaving his CHAP. 16.

manding officer.

XLVI. Regimental courts martial.
XLVII. How constituted: majority to de-
cide.

XLVIII. Commanders of forts may order
courts martial.

XLIX. Disturbance of courts martial.
L. Offenders to be arrested previous
to trial.

LI. Confinement limited to eight days,
or until a court martial can be
convened.

LII. By whom prisoner shall be kept.
Notice of accusation.

LIII. Punishment for releasing prisoner.
LIV. Officers having prisoners in custo-
dy to report to colonel or com-
mander in chief.

confinement.

LVI. Punishment for disgraceful con-
duct in an officer.

LVII. Officers, gunners, matrosses, and
others connected with artillery,
subject to these rules.
LVIII. To be tried by their own officers,
if practicable.

LIX. No sentence of death, except as
expressly provided.

LX. Fines to be appropriated to sick or
necessitous soldiers.

LXI. Offences not capital, though not
herein specified, to be tried by
general or regimental courts mar-
tial.

LXII. Officers or soldiers accused of cer-
tain crimes, to be surrendered to
the civil authority.

ARTICLE I. CONSTRUCTION OF THIS CHAPTER, SUBORDINATE TO

THE LAWS OF THE UNITED STATES.

States recited.

SECTION 1. All the provisions of this chapter shall be consid- Militia laws of ered as subordinate to, and in such manner as best to carry into the United effect, the provisions of the following acts of the congress of the United States, that is to say:*

An act passed on the eighth day of May, in the year, one thousand seven hundred and Act of May 8, ninety two, entitled, "an act more effectually to provide for the national defence, by 1792. establishing an uniform militia throughout the United States."

2 Greenl. 349.

571.

give notice

1. Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, that each Persons liable and every free, able bodied, white male citizen of the respective to be enrolled. states, resident therein, who is or shall be of the age of eighteen 8 Greenl. 310. years, and under the age of forty five [years], (except as is herein- 22 Pick. 406, after excepted) shall severally and respectively be enrolled in the militia, by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, be the duty of every such captain or commanding officer Duty of captains of a company, to enrol every such citizen, as aforesaid, and also to enrol, and those, who shall, from time to time, arrive at the age of eighteen thereof. years, or, being of the age of eighteen years, and under the age of 4 Mass. 556. forty five years (except as before excepted) shall come to reside within his bounds, and shall, without delay, notify such citizen of the said enrolment, by a proper non commissioned officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, [each cartridge to contain a proper

NOTE. On comparing these acts of congress with copies of the laws, published under authority of congress, certain verbal errors are found to have existed in our laws since the act of 1821, which are here corrected, and designated by brackets. Section 7, of the act of 1792, having been repealed by act of May 12, 1820, § 2, is omitted.

Arms and equip

ments.

9

Mass. 31.