The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-03-24
STATE LAWS.

ing, and framing the Militia OF this Com
m0nwealth."
$50. !. Be it enacted BY the Senate and
House of Representatives, in General Court
assembled, and By the authority of the same,
That the following persons, notwithstanding
their being above the age of eighteen, and I'M
der the age of forty five years, be, and they
hereby conditonally exempted from military
duty, as follows, to wit: All persons who have
held, or NAV hereafter hold, commissions in the
army, or navy of the United States, for term
less than five years, and all persons who are or
who may be between the ages Of thirty and for
fy-fve years, be, and they are hereby exempted
from all military duty, except that of keeping
themselves constantly furnished with the arms
and equipments required by the laws of the
United States, and the duty Of carrying or send
ing them on the first Tuesday of May, annually,
TO the place of inspection or view Of arms of
the company within whose bounds they may
reside, and in which they are enrolled.
SEC. 3. Be it further enacted, That all per-
sons duly enrolled and enlisted in the Militia,
between the ages of eighteen and thirty years,
inclusive, shall be entitled to receive from the
TrsasuTers of their respective towns and cities,
q sum equal TO the pell tax to the State, County,
and Town or City, exclusive of highway taxes)
which may have been paid by such persons, or
by their parents, masters or guardians, on con-
dition of keeping themselves armed, uniformed,
and equipped according to law, and of doing all
the active duty required by law; and it shall
be the duty of the commanding officers of COM
panies, on or before the first day of November
in each year, to make out and certify to the
Assessors of each town or city, list of all per-
sons in their respective companies, who, through
the year preceding, have kept themselves armed,
uniformed, and equipped, according to law, and
have performed all the militia duties required
by law; and the Assessors shall, within ten days
thereafter, examine said list, and certify TO the
Treasurer of their respective towns or cities,
the amount to be paid to each person named in
said list; and the Treasurer of said town or
sity shall, on request pay the amount of said
poll tax to the several persons named in said
list, or, il minors, to their parents, masters or
guardians; and upon the refusal of any town or
city forthwith to pay the same, the persons
titled, shall seyerally have an action on the case
for money had and received, against such town
or city to recover the same; and if any such
commanding officer shall wilfully refuse to eer-
siy aforesaid or shall wilfully or fraudulently
make false certificate, he shall forfeit sum
not less than twenty, more than fifty dollars,
TO be recovered by indictment, or information
IN any Court of Record, proper to try the same,
to the use OF the town or city in whic h the per-
son in whose favor such certificate was made
was assessed.
Sac. 3. Be it further enacted, That it shall
not be lawful for any Officer of the Militia, on
Noy VI hAiAbSiy OubJ1 W tEodb VIII aIdSHJ spur
ats, any person or persons, subject to military
duty, and It shall not be lawful for any candi-
date for an office in the militia, either pending,
or after an election, to treat with ardent spirits
the persons attending such election.
SIC. d. Be it further enacted, That every
a1on-commissioned officer and private, Except
those who shall, under the provisions of this
Act, send their arms and equipments on the
first Tuesday of May, annually, for inspection,)
who being duly ordered to appear at the COM
pany inspection and view Of arms, on the fret
Tuesday of May, and shall unnecessarily neg
lect TO appear at the time and place appointed,
shall forfeit four dollars; and being duly order
ed, shall unnecessarily neglect to appear at any
company training, at the time and place APP
pointed, shall forfeit three dollars; and being
duly ordered, shall unnecessarily neglec. 20 ap-
pear for any battalion, regmental, or brigade
inspection er review, ct the tine and place ap-
pointed, shall forfeit five dollars and all fines
and forfeitures incurred by on-eommissioned
officers and privates, under the provisions of
this Act, shall be prosecuted for, and recovered
in the manner provided for by the thirty-fifth
section Of an Act entitled " An Act for Regu.
lating, Governing, and Training the Militia Of
this Commonwealth" passed March sixth, A.
d. eighteen hundred and ten
SEC. 5. Be IL further enacted, That the pro-
vision in the first section of an Act, passed the
eleventh day of February, in the year one thou
sand eight hundred and twenty three, authoriz-
ing company officers to parade their respective
companies for discipline, one day in the year
and no oftener in addition to the company in
spection in May, and the brigade, regimental or
battalion review now established by law, be so
far defined that it shall be the duty of said com
pany officers to so parade their companies on
some day between the company inspection in
May and the review in the fall and at no other
time.
n. - r II mi
OF the first section as relates TO conditional ex-
emption, and the twenty seventh, twenty eighth,
and twenty-ninth articles Of the thirty.fourth
section Of an Act, entitled q" An Act for Repu-
lating, Governing, and Training the Militia of
this Commonwealth passed March sixth, A.
ID. one thousand eight hundred and ten, and
the fret section of an Act, entitled " An Act for
Regulating, Governing, and Training the Mill
tia of this Commonwealth" passed February
twenty first, A. d. one thousand eight hundred
and twenty tive and all laws heretofore made,
50 far as they are inconsistent with the proyis.
ions OF this Act, be, and the same are hereby
sepsalsd.
Approved by The Governor, March 19, 1880.
AN ACT in addition 10 the several Acts
regulating Towns, and the choice of
Town Officers.
SEQ 1. Be IL enacted By the Senate and
House of Representatives., in General Court
assembled, and By the authority of the san7e.
That whenever, by reason of the absence of
any Town Clerk Of any town in this Common.
wealth, at any town meeting legally assembled,
a temporary vacancy shall exist in the Office Of
Town Clerk Of said town, it shall be the duty
of the Selectmen of said town, to call upon the
legal voters present at such meeting to give in
their votes for Town Clerk pro tempore, in
like manner as Town Clerks are now by law
chosen, and tho Selectmen shall proceed 10
sort and count the votes, and declare the cleo
ton Of such Clerk pro tempore, who shall up
on signifying his acceptance thereof, be under
oath to discharge all the duties of said Office.
and be subject to like penalties as Town Clerks
are now under, for the particular meeting at
which such election shall be made.