The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-05-03


and equipped as the law directs; and every
persen 10 whom such orders are directed, who
shall refuse or neglect to execute the same,
shall incur penalty of not more than twenty
dollars, nor less than ten dollars to be sued
for and recovered in manner and 80 the uses
aforesaid and it shall be the duty of The
Colonel or Commandant of such Regiment OF
Battalion, at the time and place appointed for
the meeting Of said Company, by has Adjutant
or some other commissioned officer, specially
designated and authorized by him in writing,
TO command said Company, to train and deer
pine The same, in the same way and manner,
and with the like power and authority, that
an officer duly commissioned to command suchl
Company might do; and all neglects OF ap
pearance, deficiency Of equipments. and ul-
military conduct, shall be punished by ne
like fines and forfetures, upon the compisht
of the officer thus designated, as they wfid
be subject TO upon the complaint OF the tieIN
of a Company under the command Of oicers
duly commissioned therein; and, upon rial OF
said complaint, the tiicer making tR same |
shall be a competent witness; and lie nnes
and forfeiturcs, incurred as aforesaid, pan &C
crue, one moiety thereof to the use Of ne reg
iment OF Battalion within which said ComPa-
ny is located, and the other moieti to the
complainant; and any officer haVpg com,
mand Of such company as alorcsaid,T Who siiai'
omit to make complaint of any neglect or VIC,
lation Of duty as aforesaid, shall he deemed
guilty of unofficerIike conduct, and be llaoie
to be tried by Court Martial, ant punished
accordingly provided, however, that sala
officer shall have the same power to excuse
delinquents for non-appearance, as command
ing officers Of Companies by law have =; a'o'
provided also, that, whenever said Company
shall elect an officer or officers 10 be commis-
stoned therein and such officer or oihcers
shall be legally qualified, under his or their
commission, TO discharge the duties of his or
III cir office. and to command said Company,
the foregoing provisions in relation to said
Company shall cease and become imperative,
except only as TO the collection Of fines or for
fixtures, which may have been previously IN
CURED; and it shall be in the power OF the
Commandant of the Regiment or Battalion in
which said Company is situated, at such times
as he may deem fit; and it shall be his duty
when thereto requested in writing, by ma
iority Of the persons liable to enrollme in
said Company, but not exceeding once in
year, to issue his orders in manner aforesaid,
for meeting of the qualified voters in said
Company, for a choice of officers, to be COM
missioncd to command them pursuant TO the
provisions of law, any thing herein before
mentioned TO the contrary notwithstanding.
SEC. 2. Be ii further enacfed, That the
Selectmen of every town or district, and the
Mayor and Aldermen Of every city, shall
supply, at the expense Of such town or dis
trict, or of said City, or cause the command
ing officer Of any Company, in which any
non-commissioned officer or private, resi-
dent in such Town, district, or city, shall be
duly enrolled, to be supplied with one quar-
ter OF pound OF good powder made into
blank cartridges, for each non-comnissioned
officer private, enrolled as aforasaid, WHOM
ever such commanding officer company is or
dered to parade for review Provided such
commanding officer makes written applica-
ton therefor. stating therein the number of
men in his Company, resident in such town.
district, or city, to be supplied.
SEC. 3. Be IL further enacted, That the
Judge Advocates OF the several divisions, shall
be the regular certifying officers Of such cop
les of papers as may be required For the use of
any Court Martial, Court OF Inquiry, or Board
of Officers, which they shall officially attend
and it shall be the further duty of such Judge
Advocates TO make up and certify the pay
roll of such Courts and Boards of Officers, 10
the office of the Adjutant-G eneralEhen the
business of the same is completed.
SEC. 4. Be al further enacted, That any
non-commissioned officer or private Of any
Company raised at large, by producing GER
tiGcate from the commanding officer of the
company to which he belongs, that he does
active duty 10 said Company, and keeps him
sclfproperly armed. equipped, and uniform
ed, shall be exempted from all duty in the
standing company within whose bounds he
may reside.
SEC. 5. Belt further enacted, That when
ever the Office of Clerk in any company of Mi
litia in this Commonwealth, shall, by any
means, become vacant, and no non-commis-
stoned officer or private, after being notified
by the commanding officer of such company,
of his appointment to said office, will accept
the same, then it shall be the duty of such
commanding officer, and he hereby is author
lied and required to issue his order in writing
to any non-commissioned officer or private un-
der his command, requiring him to perform all
the duties attached to the Office Of Clerk, ex-
cept keeping the records Provided, howev-
er, that such order shall not extend or be in
force for longer term than ninety days from
IFS date 4; and it shall be the duty of such non
commissioned officer or private so ordered, to
keep correct account of all delinquencies
in the Company on parade days, and to make
true and correct statement of the same in
writing TO the commanding officer, within
twenty-four hours after the Company is dis
missed on each parade da@. during the term
of his appointment y aud if any non-comms-
stoned officer or private so ordered, shall neg
lect or refuse TO perform all or any of the du-
ties aforesaid, he shall forfeit not less than ten
dollars, nor more than twenty dollars, for each
offence, two thirds to the use of the Company
to which he belongs, and one third to the use
of such commanding officer, who is hereby au-
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