'
March U, An.
MILITIA.
1806.
U7
exceeding thirty lashes at each time, and by solitary imprisonment, not exceeding one year, and shall be after\vards there holdenin custody upon such former sentence
and every person, being under confinement as aforesaid,
who shall escape from said prison, shall, for every such offence, be further sentenced to solitary imprisonment for a
term not exceeding twelve months.
Sect. 10. Be it further enacted^ That if any convict,
committed to said State prison, under sentence for a lim- ^n"i'cJi!i^*"tVo[
:
ited time, shall assault any inspector, keeper, assistant- a umi ted time,
^^'
keeper, or other person employed in the direction or custo- ^at?t,'&c.^
dy of said State prison, or shall attempt by violence to escape therefrom, every such convict, so further offending,
upon due conviction thereof before the Supreme Judicial
Court, shall and may be punished by solitary imprison-
ment, not exceeding one year, in addition to any former
like sentence, or to precede the fulfilment of any former
and at the
sentence to hard labour, as the case may be
discretion of the said Court may be further punished by
confinement to hard labour, for a term, not exceeding ten
years, to commence after such solitary imprisonment, or after any former sentence shall be fulfilled, as the case may be.
Sect. 11. Be it farther enacted^ That respecting all
crimes and offences which may be committed in the State Re>pectir.^ any
prison aforesaid, and the precincts thereof, the said prison sSn'risolT i*
and precincts shall, in all judicial proceedings, be deemed to be considerand taken to be as well within the county of Suffolk, as S^f ^,he ^coumy
within the county oi Middlesex ; and the several sheriffs, of Suff«'k as of
coroners, deputy sheriffs, and other civil officers, of the
same counties respectively, shall have concurrent authority
in said prison, and the precincts thereof, respecting all
crimes and offences therein committed.
;
[This act passed
An
March
14, 1806.]
act in addition to an act entitled, "
An act
for regulat-
ing and governing the militia of the Commonwealth
of Massachusetts^ and for repealing all laws heretofore
made for that purpose/' excepting an act entitled, " An
act for establishing rules and articles for governing the
troops stationed in the forts and garrisons within tiiis
Commonwealth, and
also the militia,
when
called
into
actual service."
"^
bled^
"
enacted
the Senate and House of
Ti^Representatives,
in General Court assem^^
Sftt
1
*
and
*
hif
ij
hij
the authority
of
the same.
That
it
shall
be
the
'
March
MILITIA.
14S
14,
An. 1806.
Aciiutant-Gen- ^\^q (^{uty
amiuar'ienim
*'*,?''i"/'"''*'
aVms,'&c' to
ihe Frciideni.
of the Acljutant-Gcneral of the militia of this
Comiiionweaith, to make a return of the militia, with their
i^'^tiis, accoutrements, and ammunition, to the President of
the Unifed Siates, annually, on or before the first Monday
jj^ January, in each year; and so far as respects the forms
of the said returns, it shall be his duty to conform to such
directions as he shall from time to time receive from the
Secretary at War.
Be it further enacted., That every citizen,
Sect. 2.
duly enrolled in the militia, shall be constantly provided
citizen to be
y^r\)^ amis, accoutremeuts, and ammunition, asfreeably to
o
coustiifltly provideci
with
the directions of an act, which passed the twenty-second
arms, etc. and
£ June, lu the year of our Lord, one thousand seven
J
v'liat shall congovernmg
stitute a notice hundred and nmety-three, for regulatmg and
of enrouiient.
^j.^^ militia of this Commonwealth, from and after the time
when he shall be duly notified of his enrolment, and any
notice or warning to the citizens so enrolled to attend a
Company, Battalion or Regimental muster or training,
shall be deemed a legal notice of his enrolment, and he
shall be holden to attend accordingly.
Sect. 3. Be it further enacted., That to each brigthcrc shall be ouc Quartcr-Mastcr of Brigade, who
auarter-Ma=:- ^^^'
teisuf brigade-, shall bc appointed by the Brigadier-General, with the rank
and to each reginient, one Chaplain, who shall
of?egimelu,"to <^^ Major
be appointed.
])e appointed by the Lieutenant-Colonel Commandant of
the regiment and the Brigade-Quarter-Master and Chaplains, being so appointed, shall be commissioned as such
by the Governor. And the Quaiter-Master-General of
tlie Commonwealth, shall have the rank of Brigadier-Genand the Comniander in Chief is hereby authorized to
eral
commission him accordingly.
Sect. 4, Be it further enacted^ That it shall be lawful
Sergeants or
^
^^^ Lieuteuant-Colonel Commandant, or commanding
clerks may ne
o
reduced to the officcr of cach reguiient or corps, to reduce any Sergeant or
ranks.
Clerk of his regiment or corps to the ranks for disobedience of orders, neglect of duty, or any unmiiitary conduct,
by and with the^^advice of the Captain or commanding officer of the company to which such non-commissioned officer belongs, first giving notice thereof to the Sergeant or
Fvery enrolled
</
'
,
j
t
»'
'
,
;
;
m
;
i
Clerk, as the case
Cevtam blank
warrants and
^eprovS.
°
may
be.
Sect. 5. Be it further enacted. That it shall be the duty
of the Adjutant-General to furnish blank warrants for the
Captaius of tile militia, to order their non-commissioned
officers or privates to warn their soldiers to attend all the
likewise
trainings and reviews, which shall be ordered
blank
;
March
MILITIA.
14,
An. 1806.
149
blank notifications for that purpose and that he prepare
the shortest and most correct forms of such warrants and
and it shall not be necessary
notilications, accordingly
that seals should be affixed to said warrants.
Sect. 6. Be if further enacted^ That at all battalion and Penalties for
n'^g'ecting to
reviews or musters, each non-commissioned offi- attend any batreaimental
o
n
-I
cer and soldier, who, bemg duly warned, shall unnecessarily taiion, regineglect to appear at the time and place appointed, armed ^j^pany musand equipped according to the act described in the second ter, &c.
section of this act, shall, in lieu of the fines now providedby law, pay as a fine, for each default, the sum o^four dollars ; and at each company review or muster, for each defliult, the sum of two dollars^ to be recovered in the same
manner as fines are made recoverable by the act described
And each
in the second section of this act as aforesaid.
non-commissioned officer and soldier, belonging to any
troop of Cavalry, company of Artillery, or Light-Infantry,
or any other compan}' raised at large, who shall appear at
any company, regimental, brigade, or any other muster or
review, vvithout tlie uniform ciressof the company to which
he belongs, when ordered thereto, shall pay a fine of two
dollars for such neglect, to be recovered in the same manner as fines for non-appearance are recovered.
Sect. 7. Be it further enacted^ That the clause in the justices who
act described in the second section of this act, which pro- ^""^ qualified to
vides that those who have received a commission to keep fices',"arJ^a!one
the peace, and are qualified to act in that office, " shall be
^^,y'J'/'^j^'"™
^'
^^^^"^
exempted from doing military duty,^' in future shall be so
construed, as to exempt none but Justices, appointed to
keep the peace, and qualified to act in that office.
Sect. 8. Be it further enacted^ That whenever the a private may
Captain, or commanding- officer of a company, shall think ^^^ ordered to
warnameetine
,.
]3roper, he may dn-ect his orders to the privates therein, as of the compaweil as the non-commissioned officers of such company, "^
re(|uiring them to warn the same
and if either of them
so ordered, shall neglect to give the said notice or warning, he shall pay the same fine, to be recovered in the same
manner, as is provided for a similar otl'ence in the second
section of the additional act, passed the fourth day of
March, in the year of our Lord one thousand and eight hun;
;
1
•
1
1
1
I
**
11
,
1
•
1
•
;
dred.
Sect.
9.
General, or
Be
it
further enacted^ That each Brigadier-
commanding
Soidiers
may
be au- |vt„f '^omp?-'*
thorized, upon application of the commanding officer of "'^"^ «'»^a''y>
any troop of Cavalry, company of Artillery, or Light infan- jigJuTntamrV.
officer of the brigade, shall
'^
try,
.
150
MILITIA.
March
14,
An. 1806.
discharge any non-commissioned officer or soldier,
from any such troop of Cavahy, company of Artillery, or
Light-Infantry, and after being so discharged, he shall be
enrolled in the company of militia where he may reside,
and such non-commissioned officer shall be considered as
reduced to the ranks,
Sect. 10. Be it further enacted^ That in each brigade,
Tourcompa.
»;3s of cavalry where four companies of Cavalry or Artillery have been,
brSe^LrJ"to ^^ hereafter shall be established, they shall be formed into
constitute a
a battaliou, and shall be entitled to a Lieutenant-Colonel,
''^"^^''^"'^^••and one Major.
Sect. 11. Be it further enacted^ That in each divi^^^*^'
^ Judge- Advocate shall be recommended by the Majudge Advocates to be ap- jor-Geucral, and if approved by the Commander in Chief,
pointed.
commissioned by him whose duty it shall be to attend
all Courts Martial within the division, whether ordered by
the Commander in Chief, or the Major-General of the
division, and they shall be commissioned with rank of
Major. Provided nevertheless, it shall be in the power of
the Commander in Chief, or the Major-General, to appoint
a Judge- Advocate, pro tempore, to any particular Court
Martial appointed to be holden, in case of inability of the
Division-Judge- Advocate, or in case of any legal impeditry, to
;
ment
to his acting.
Sect. 12. Be it further <?;2acife^. That the CommandFourAid-decamps to the
er in Chief shall be entitled to four Aid-de-Camps, who
Chi^fto^be ap shall be appointed by himself, and commissioned with the
pointed.
rank of Lieutenant-Colonel.
Sect. 13. Be ii further enacted. That it shall be the
ajpoimed to^^ duty of au officcr, appointing a Court Martial, to appoint a
attend Courts- Marshal to attend the same
and every Court Martial duartia
j^ appointed, shall be authorized to preserve order during
and if any person or persons, in presence of
their session
such Court Martial, shall behave in a disorderly manner,
and create a tumult and disturbance to such Court Marand shall not, upon the request of the Marshal of
tial
such Court Martial, desist therefrom, it shall be lawful for
the said Court Martial to confine such disorderly person or
persons, for a space of time not exceeding eight hours, unless said Court Martial shall sooner adjourn or be dissolved.
;
-
;
;
[This act passed INIarch 14, 1S06.]
Ah