The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-02-26

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An Act in further addition to an Act,
entitled !" An Act for regulating, gov
erning, and training the Militia Of this
Commonwealth
SEC. 1. Be IL enacted by the Senate and
House Of Representatives. IN, General Court as
senabled, and by the authority of the same,
That the commanders of the several compa-
MES of the Militia of this Commonwealth be
authorized, and it is hereby made their duty
to parade their respective companies by their
own order, on one day in the year, for COM
pany discipline, and no oftener, in addition to
the company inspection IN May, and brigade,
regimental, or battalion reviews as now es-
tablished by law. Provided, That nothing
herein contained shall be construed so as to
prevent any company from meeting, for the
purpose of drill, funeral service, escort, or
other voluntary sertice.
SEC. 2. Be ii further enacted, That il shall
be the duty of each Colonel, or commanding
officer of each regiment and separate battal-
ion, to appoint one day, in each year, for
drilling the officers, non-commissoned Off
GERS, and musicians belonging to the same
And such Colonel or commanding officer shall
notify the field and commissioned, and non-
commissioned staff-officers of the same, and
the captains and commanding officers of each
company under his command and such com
manding officer shall notify their respective
subalterns and non-commissioned officers, and
musicians of the time and place appointed for
the meeting aforesaid, at least ten days be-
fore the time appointed for such meeting;
and it shall be the duty of the Colonel or
commanding officer of such regiment or sep
arate battalion, either by himself or such 9TH
er officer or officers, belonging to the same,
as he shall appoint, to instruct the officers,
non-commissioned officers, and musicians a.
foresaid, in the practice of their several du-
ties, according to the system prescribed by the
laws of the United States. And any nom
commissioned officer or musician who shall
neglect or refuse to attend the officers drill
aforesaid, and who shall not furnish the Colo
mel or commanding officer aforesaid, with
sufficient excuse therefor, or who shall be
guilty of disobedience of orders, while on du.
ty, shall forfeit and pay two dollars, to be SUI
ed for and recovered by the Adjutant of the
regiment, in the same manner as is provided
IN and by the thirty-6fth section of the Act to
which this is in addition, for the recovery of
fines and forfeitures by clerks of companies
to be applied by him towards defraying the
expenses of the meeting aforesaid.
SEC. 8. Be ii further enacted, That no per-
son shall be exempted from military duty by
reason of his having been appointed Justice
OF the Peace; and no person conditionally ex-
empted from military duty, shall hereafter be
liable to the payment OF two dollars into the
Town Treasury, as required by the laws now
IN force, after he SHAH have arrived at the
age of forty years.
SEC. a. Be ii further enacted, That the Gov
ernour and Council be, and they are hereby
authorized, in organizing and arranging the
militia, whenever they shall think 1T expedi-
ent, 10 annex the several companies of cav
airy and artillery to the regiments of in
fantry.
SEC. 5. Bedfurther enaeted, That the Com
mander in Chief, and the Major Generals, and
commanding officers of divisions be, and they
are hereby authorized, to order any number
o. officers, being not less than three, nor more
than four, TO be detailed as m slbers of any
general or division Courts Martial, and such
number of members detailed as aforesaid. be-
Ing not less than three, who shall be present
at the time and place fixed for organizing said
Court, shall, together with the President,
Judge Advocate, and Marshal, as heretofore
provided, constitute said Court and ii the
person appointed as President thereof. shall
not be present, the officer highest in rank
present, shall be President of said Court
and in case Of the absence either of the
Judge Advocate or officer who is appointed
Marshal of said Court, then the President
shall appoint some suitable person or persons
to be Judge Advocate or Marshal thereof
And if by reason Of absence, challenge, or
other cause, the number Of members of any
Courts Martial qualified to act shall be less
than three, it shall be the duty of the Presi-
dent 10 notify the Major General or COM
manding officer of the division in which She
Court is ordered to sit, of the fact, and the
said Major-General or commanding officer Of
the division, shall forthwith detail, from his
division, one or more officers of the rank of
those whose places are to be supplied,
and the officers SO detailed shall be re-
turned as members Of such Court but no
person shall be so detailed of a higher
rank than the officer acting as President
thereof: PrOuided, hOteerer, that no officer
above the rank Of Colonel shall hereafter be
appointed President of division Court-Mar-
tial and provided, also, that there shall be but
one General and one Division Court Martial in
any division during any one year, and that
the same shall be appointed to be holden be-
tween the first day Of December and the last
day Of March. And all the officers composing
Courts Martial. Courts of Inquiry, and Mill
tary Boards and Marshals, shall be entitled to
receive the sum of two dollars for each and
every day while serving on Courts Martial,
Courts Of Inquiry, and Military Boards, and
FIVE cents for each and every mile they shall
necessarily travel, in going to and returning
home, from the place of sitting Of said Courts:
Prorided, hODerer, that Judge Advocates.
while employed on Courts-Martia!, Courts Of
Inquiry, or Military Boards, shall be entitled
to receive four dollars per day while so en-
ployed, and the same allowance for travel as
other officers Of said Courts are entitled to
receive, which allowance shall be in full com