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1 SECT. 2. In addition to the persons exempted 2 from enrolment in the militia by the laws of the 3 United States, the persons hereinafter mentioned 4 shall also be absolutely exempted from enrolment; 5 viz.:6 Justices and clerks of courts of record; . © Registers of probate and insolvency; 8 Registers of deeds, and sheriffs ; 9 Officers who have held or may hold commissions in 10 the regular or volunteer army or navy of the United 11 States; 12 Officers who have held, for a period of five years, 13 commissions in the militia of this or any other state 14 of the United States, or who have been superseded 15 and discharged, or who held commissions in any 16 organization of the Massachusetts volunteer militia 17 at the time of its disbandment; 18 Ministers of the gospel ; 19 Practising physicians ; 20 Superintendents, officers, and assistants employed 21 in or about either of the state hospitals, state alms22 houses, state prisons, jails, or houses of correction ; 23 Keepers of light-houses; 24 Conductors and engine-drivers of railroad trains ; 25 Seamen actually employed on board of any vessel, 26 or who have been so employed within three months 27 next preceding the time of enrolment.
1 Sect. 3. Every person of either of the religious 2 denominations of Quakers or Shakers, who, on or 3 before the first Tuesday in May, annually, produces 4 to the assessors of the city or town in which he re
5 sides a certificate, signed by two or more of the 6 elders or overseers (as the case may be), and coun7 tersigned by the clerk of the society with which he 8 meets for public religious worship, shall be exempted 9 from enrolment. The certificate shall be in form as 10 follows: —
We, the subscribers, of the society of the people called in the of , in the county of , do hereby certify
is a member of our society, and that he frequently and usually attends religious worship with said society ; and we believe he is conscientiously scrupulous of bearing arms.
A. B., | Elders or Overseers, E. F., Clerk.
C. D., I (as the case may be.)
1 Sect. 4. If elders or overseers of a society of 2 Quakers or Shakers give the certificate provided 3 in section three to a person who does not pro4 fess the religious faith of their society, or who is 5 not a member thereof, or who is not conscientiously 6 scrupulous of bearing arms, each elder or overseer 7 so offending shall forfeit two hundred dollars to the 8 use of the Commonwealth, and be imprisoned not 9 exceeding six months; and any person claiming 10 to be exempted from enrolment by virtue of such 11 a certificate, who does not profess the religious 12 faith or is not a member of the society named 13 therein, or who is not conscientiously scrupulous 14 of bearing arms, shall be liable to the same penalty.
1 Sect. 5. Engine-men or members of the fire 2 department in a city or town shall be exempted 3 from military duty by forthwith filing with the
4 assessors of the city or town in which they reside a 5 certificate that they are engine-men or members of 6 the fire department as aforesaid, signed by the mayor 7 and aldermen or fire commissioners of such city, or 8 the selectmen of such town; but when a member 9 of a volunteer company is, after his enlistment, ap10 pointed an engine-man or member of the fire depart11 ment, it shall not vacate his enlistment.
1 Sect. 6. The enrolled militia shall be subject to 2 no active duty, except in case of war, invasion, the 3 prevention of invasion, the suppression of riots, and 4 to aid civil officers in the execution of the laws of 5 the Commonwealth.
Of the Enrolment of Persons Subject to Military Duty. 1 Sect. 7. Assessors shall annually, in May or June, 2 make a list of persons living within their respective 3 limits liable to enrolment, and place a certified copy 4 thereof in the hand of the clerks of their respective 5 cities and towns, who shall place it on file with the 6 records of such city or town, and annually, in May, 7 June, or July, transmit returns of the militia thus 8 enrolled to the adjutant-general.
i Sect. 8. Keepers of taverns or boarding-bouses, 2 and masters and mistresses of dwelling-houses, shall, 3 upon application of the assessors within whose 4 bounds their houses are situated, or of persons act
5 ing under them, give information of the names of 6 persons residing in their houses liable to enrolment 7 or to do military duty; and every such person shall, 8 upon like application, give his name and age; and 9 if such keeper, master, mistress, or person refuses to 10 give such information, or gives false information, 11 such keeper, master, or mistress shall forfeit and 12 pay twenty dollars, and such person shall forfeit and 13 pay twelve dollars, to be recovered on complaint of 14 either of the assessors.
Of calling out and organizing the Enrolled Militia for
1 Sect. 9. Whenever it shall be necessary to call 2 out any portion of the enrolled militia for active 3 duty, the commander-in-chief shall direct his order 4 to the mayor and aldermen of cities, or to the select5 men of towns, who, upon receipt of the same, shall 6 forthwith, by written or oral notice to each indi7 vidual, or by proclamation, appoint a time and place 8 for the assembling of the enrolled militia in their 9 city or town, and shall then and there proceed to 10 draft as many thereof, or accept as many volunteers, 11 as is required by the order of the commander-in12 chief, and shall forthwith forward to the commander13 in-chief a list of the persons so drafted or accepted 14 as volunteers.
1 SECT. 10. Every member of the enrolled militia 2 ordered out, or who volunteers or is detached or 3 drafted, under the provisions of this act, who does 4 not appear at the time and place designated by the 5 mayor and aldermen or selectmen, or who has not 6 some able-bodied and proper substitute at such time 7 and place, or does not pay to such mayor and alder8 men or selectmen, for the use of the Commonwealth, 9 the sum of seventy-five dollars within twenty-four 10 hours from such time, or who does not produce a 11 sworn certificate, from a physician in good standing, 12 of physical disability to so appear, shall be taken 13 to be a deserter, and dealt with accordingly. 14 The portion of the enrolled militia so accepted 15 shall be immediately mustered into the service of the 16 Commonwealth for three years, or such less period 17 as the commander-in-chief may direct, and shall be 18 organized into companies, which may be arranged 19 in battalions or regiments, or assigned to organiza 20 tions of the volunteer militia already existing. 21 Such new organizations shall be officered, equipped, 22 trained, and governed according to the laws for 23 government of the volunteer militia. 24 Elections shall forthwith be ordered in such new 25 organizations by the commander-in-chief, who may 26 detail officers to train and command them until the 27 officers elect shall have qualified, and shall have 28 passed the examination required by section fifty-two.