Soldiers abscut, &c., dur ing divine service. Profanity by of ficers. Profanity by soldiers Fines by court martial. Fines stopped out of pay. Art. xlvi. A non-commissioned officer or private, absenting himself from, or behaving indecently and irreverently at, divine worship, not exceeding one dollar, and for each offence after the first to be confined twenty-four hours in addition thereto. Art. xlvii. An officer guilty of profane cursing and swearing, for each offence, two dollars. Art. xlviii. A non-commissioned officer or private guilty of profane cursing and swearing, for each offence, not exceeding one dollar. Art. xlix. A fine, not exceeding two hundred dollars, may be inflicted by a court martial, as a part or the whole of the sentence; and so much of the same as cannot be stopped out of the pay of the offender, shall be recovered as provided in section one hundred and sixty-two. Art. 1. All fines may be stopped out of the pay of the offender; and R. S. 12, 141. the field officers of every regiment may appoint some suitable person, in the regiment, to receive all fines incurred for any breach of these articles, and may direct the same to be properly applied to the relief of the sick, wounded, or needy soldiers of such regiment; and the receiver shall account to such officers for all sums so received. General rules. Officer wronged by colonel. Officer or sol captain. SECT. 171. The following rules shall also be observed in actual service: Art. li. If an officer thinks himself wronged by his colonel, or the commanding officer of his regiment or battalion, and is, upon due application made to him, refused redress, he may complain to the commanderin-chief, or commander of the forces in service, who shall examine the case and see that justice is done. Art. lii. If an inferior officer or soldier thinks himself wronged by dier wronged by his captain, or the commanding officer of his company, he may complain to the commanding officer of his regiment or battalion, who shall convene a regimental court martial, for the purpose of doing justice to the complainant; from which either party may appeal to a general court martial; but if the appeal is vexatious, the party appealing may be punished at the discretion of the court martial. Public stores secured. Oldest officer to Offenders against citizens ties. Art. liii. Public stores taken from the enemy shall be secured to the use of the commonwealth. Art. liv. When different corps of the same or different arms of foot, or horse and foot, join or do duty together upon marches, guards, or in quarters, or camp, the oldest officer by commission shall command, without respect to corps, and give the orders necessary to the service. Art. lv. When an officer or soldier is accused of a capital crime, or to be delivered of having used violence, or committed any offence against the person to civil authori- or property of any citizen or subject of the United States, such as is punishable by the known laws of the United States, or of the state where it is committed, the commanding officer and the officers of every army, detachment, regiment, battalion, or company, to which the accused belongs, upon application duly made by or in behalf of the party injured, shall use their utmost endeavors to deliver over the accused to the civil magistrate, and to aid the officers of justice in apprehending and securing the accused to bring him to trial. And if any officer wilfully neglects or refuses, upon such application, to deliver over the accused, or to aid the officers of justice, or detains, shelters, or conceals, any witnesses in a case, he shall be punished as provided in section one hundred and sixty-eight. Property of de Årt. Ïvi. When an officer or soldier dies or is killed in the service ceased soldiers of the commonwealth, his commanding officer shall order some suitable person to secure all his property and effects, and to take an inventory of them in the presence of two commissioned officers, who shall attest the same; and to preserve said effects and inventory until they are demanded by his legal representative. Pay and rations. Art. lvii. The pay and rations of troops in actual service shall be R. S. 12, § 142. such as provided by section one hundred and forty-eight. in actual ser SECT. 172. Courts martial in actual service shall be ordered and held, Courts martial and shall proceed, in the same manner as the militia courts martial pro- vice, &c. vided in sections one hundred and fifty-seven to one hundred and sixtyfive, inclusive, except so far as the same are repugnant to the following regulations: Art. lviii. When an officer or soldier commits an offence deserving Arrests. punishment, if an officer, he shall be put under arrest and confined to his quarters, and his sword shall be taken from him by the commanding officer; and if a non-commissioned officer or soldier, he shall be imprisoned until he can be tried by a court martial or discharged by proper authority. before trial. Art. lix. No officer or soldier under arrest and imprisoned shall con- Imprisonment tinue in confinement more than eight days, or until à court martial can be conveniently assembled. martial, by Art. lx. A general court martial may be ordered by the general com- General and dimanding any separate army in the field, garrison, or quarters, as well as vision courts by the commander-in-chief; and a division court martial by a major- whom ordered. general, or by a commanding officer of a division, as organized for field service. tial shall con Art. Ixi. A general court martial in actual service shall consist of of whom gennot less than thirteen commissioned officers; and the president shall not eral court marbe the commander-in-chief, nor the commanding officer of the army, sist. detachment, or garrison, where the offender is tried, nor under the rank of a field officer. Art. lxii. Division courts martial shall consist of not less than nine, Division and reand regimental courts martial, of not less than five officers, when that gimental courts number can be conveniently assembled, nor less than three in any case. martial. Art. lxiii. Regimental courts martial shall not have the power to try Power of regicommissioned officers, but they shall be tried by general or division mental. courts martial, according to their rank; nor shall they inflict any punishment heavier than a fine equal to one month's pay, or than one month's imprisonment. martial. Art. Ixiv. An officer commanding a fort, castle, quarters, or a body Post and deof men composed of detachments from different regiments, or of inde-tachment court pendent companies, may assemble courts martial like regimental courts martial, and with the same powers. Art. lxv. When the matters to be examined are peculiar to the troops Courts martial of a particular arm, the courts martial shall be composed, as far as pos- op in particular sible, of officers of that arm. Art. lxvi. No officer below the rank of captain shall sit at the trial Rank of memof an officer of the rank of field officer. bers of court martial. Art. Ixvii. No court martial shall sit except between the hours of Time of holding eight in the morning and three in the afternoon, except in cases which court martial. require an immediate example. Art. Ixviii. Members of courts martial belonging to different corps shall take rank according to seniority. Art. lxix. The judge-advocate of the division in which the offence was committed, or some other judge-advocate, or, in their absence, some suitable person, shall be appointed to be judge-advocate of the court, by the officer ordering the same. Art. lxx. The judge-advocate shall administer to the president and each member of the court, the following oath: Rank in court martial. Judge-advo cate. bers. You swear, that you will well and truly try and determine, according to your evi- Oath of presidence, the matter now before you, between the Commonwealth of Massachusetts and dent and memthe prisoner to be tried; that you will duly administer justice, according to the rules and articles for governing the troops of the said commonwealth, without partiality, favor, or affection, and if any doubt shall arise, which is not explained by the said articles, according to your conscience, the best of your understanding, and the custom of war in like cases; that you will not divulge the sentence of the court until it shall be approved by the commanding officer; and that you will not, upon any account, at any Oath of judgeadvocate. Witnesses re time, disclose or discover the vote or opinion of any particular member of the court martial, unless required, by a court of justice, to give evidence as a witness, in due course of law: So help you, God. The president shall then administer the following oath to the judgeadvocate: You, A B, do swear, that you will faithfully and impartially discharge your duties on this occasion, to the commonwealth as well as to the accused, and that you will not, upon any account, at any time whatsoever, divulge any vote or opinion of any member of this court martial, unless required, by a court of justice, to give evidence thereof as a witness: So help you, God. Art. lxxi. Persons called to give evidence before a court martial, fusing to appear who do not appear, or who refuse to testify, without legal excuse, shall be punished at the discretion of such court martial. and testify. Oath of witnesses. Votes in court martial; twothirds necessary to capital sentence. Proceedings to to commanding officer. Art. lxxii. Witnesses shall be examined upon oath administered by the judge-advocate, in the form prescribed by section one hundred and sixty. Art. lxxiii. Members of a court martial shall vote, beginning with the youngest, and shall give judgment by a majority of voices; but no sentence of death shall be given, unless two-thirds of the members concur therein. Art. lxxiv. No sentence of a court martial shall be carried into exebe transmitted cution, until the proceedings and evidence, documents, papers, and all matters in and concerning the same, are transmitted in the manner provided in section one hundred and sixty, to the commanding officer of the army, station, camp, or post, where the court martial is held, and he approves the same, and orders it to be carried into execution. Art. lxxv. When a court martial sentences an officer to be suspended, it may also suspend his pay and emoluments. Art. lxxvi. Every officer having power to order a general court martial, may pardon or mitigate any sentence of the court, except sentence of death and cashiering; and he may suspend the execution of these, until the commander-in-chief is informed thereof; and he with the advice and consent of the council, may pardon or mitigate the sentence. SECT. 173. In this chapter, the word "soldier includes company musicians and all persons in the volunteer or enrolled militia, except commissioned officers; and the word "battalion " may include squadron. SECT. 174. Civil officers named in this chapter, neglecting or refus ing to obey its provisions, shall, except as otherwise specially provided, forfeit not less than twenty nor more than five hundred dollars. SECT. 175. The provisions of this chapter concerning the powers and duties of the selectmen of towns, shall be construed to include the mayor and aldermen of any city. TITLE V. OF CERTAIN STATE OFFICERS AND MATTERS OF FINANCE. CHAPTER 14.-Of certain State Officers. CHAPTER 15.-Of the Auditor, Treasurer, Land Agent, and Matters of Finance. CHAPTER 16.-Of the State Board of Agriculture. 16. Attorney-general, salary of, and clerk hire. cOMMISSIONERS TO TAKE DEPOSITIONS, &C., 17. to appear for commonwealth in S. J. C., IN OTHER STATES. 41. Commissioners in other states. 42. 43. 44. 20. to enforce application of funds for public charities, and prosecute corporations, &c. 21. to attend sessions of legislature, and give opinions if required, &c. 22. to consult and advise with secretary, 23. to make annual reports to legislature. Salary of gov ernor. R. S. 13, § 2. GOVERNOR, LIEUTENANT-GOVERNOR, AND COUNCILLORS. SECTION 1. The governor shall receive out of the treasury a salary of thirty-five hundred dollars a year, and shall be entitled to no fees or perquisites of office. SECT. 2. At the close of each session of the council, the lieutenantgovernor and councillors shall be paid as follows: for attendance at the regular session held during the annual session of the legislature, the 1858, 78, §§ 1, 2, lieutentant-governor, six hundred dollars, and each councillor, three 3, 4. Secretary, sala- K. S. 13, § 9. 1854, 131, § 1. hundred dollars; for attendance at each subsequent session, the lieutenant-governor, six dollars a day, and each councillor, three dollars a day; and for travel once in each session, one dollar for every five miles from their several places of abode. SECRETARY. SECT. 3. The secretary of the commonwealth shall receive a salary of two thousand dollars a year. He shall exhibit to the and governor council a quarterly return, under oath, of all fees of office received by See Ch. 15, 36; him, and pay the same into the treasury. Ch. 157, § 12. Messenger. SECT. 4. He may employ in his office two permanent clerks, the first at a salary of fifteen hundred dollars a year, and the second at a salary R. S. 13, §§ 12, of fourteen hundred dollars a year; and such additional clerical assistance as may be necessary for the despatch of public business, at a salary not exceeding eleven hundred dollars a year for each person employed. He may also employ a messenger at a salary of eight hundred dollars a 13. 1851, 131, § 2. R. S. 13, § 8. year. SECT. 5. When the secretary by reason of sickness, absence, or other cause, is disabled from executing the duties of his office; his deputies Amend. const. shall execute the same until such disability is removed, or a secretary is chosen or appointed as provided by the constitution. art 17. Secretary to keep state seal, Certified copies to give certifi- seamen. R. S. 13, § 10. SECT. 6. The secretary shall have the custody of the state seal; and copies of records and papers in his office, certified by him and authenticated by the state seal, shall be evidence in like manner as the óriginals. SECT. 7. He shall without charge give any certificates that may be necessary to procure the release of American seamen impressed on board of the ships of a foreign nation. SECT. 8. He shall issue to any citizen of this state, of whatever citizens of any color, who may apply therefor, a passport or certificate under the state seal setting forth the age and general description of the applicant, and that he is a citizen of the Commonwealth of Massachusetts. color. to furnish 1851, 216, § 1. SECT. 9. He shall annually in September furnish to the officers mentioned in the three following sections blank forms of the returns required by said sections, with the three following sections printed thereon. SECT. 10. Justices of police courts, trial justices, clerks of courts, |