Breach of condi- shall be prosecuted by the attorney-general, under the direction of the treasurer. tions, prosecu tion for. vice to be made monthly. Returns of ser- SECTION 10. The commanding officers of the several companies in camp shall make monthly returns of the service of the several members thereof, to the commanding officers of their regiments respectively, and such commanding officers shall make returns of their regiments to the commanding officer of said camps respectively, which returns, with a return of the services of all officers and instructors in said camps respectively, shall be transmitted to the Warrant in favor adjutant-general, and the governor shall draw his warrant of paymaster. Militia position of volunteers to be unchanged. Officers, eligibility of non-residents. Fitness to be determined by gov ernor. Vacancies, when abroad,how filled Quartermaster, commissary and and staff officers, ernor point and direct. monthly, upon the treasurer, in favor of the paymaster for the pay for the same, according to a pay-roll, which shall be furnished by the adjutant-general, based upon the returns made as above provided. SECTION 11. Companies, battalions and regiments of the volunteer militia, who shall volunteer to go into the service of the United States, shall upon the expiration of such service, hold the position in the volunteer militia which they held when they volunteered into such service, unless otherwise provided by law. SECTION 12. Any suitable person may be elected or appointed as an officer in the volunteer militia, and the fact that any such person elected or appointed is not a citizen of this Commonwealth shall not disqualify him from receiving his commission or warrant. SECTION 13. If at any time any person shall be elected or appointed as a commissioned officer, who in the opinion of the commander-in-chief is unfit for actual service, the commander-in-chief shall withhold his commission and order a new election or appointment. SECTION 14. The commanding officer of any regiment or battalion in service without the Commonwealth may order an election of any commissioned officer to fill any vacancy which may occur in his regiment or battalion, or the companies attached thereto; and such officer may enter forthwith upon his duties. SECTION 15. The commander-in-chief may appoint and surgeon-generals commission, and determine the rank and compensation of a additional, gov: quartermaster-general, commissary-general, surgeon-general, may ap- and such other staff officers, in addition to those now by law existing, as in his judgment the exigencies of the service may require. These officers shall be removable at will, and the office may be suspended at any time by the commanderin-chief, who may likewise prescribe the duties of all such officers, and the limitations of their respective powers, any thing in existing laws to the contrary notwithstanding. Any of the officers so appointed may, with the approval of the commander-in-chief, appoint such assistants as their departments shall require, who shall be commissioned and their compensation determined by the commander-in-chief. SECTION 16. Whenever a requisition or call shall be Requisition of made by the president of the United States for a portion of the militia of this Commonwealth, the governor may answer swer. such requisition or call, by detailing the whole or such part of the force disciplined under the provisions of this act as may be needed to satisfy such requisition or call, and the be marched without the limits of this Common same may wealth. president, governor may an may appoint officers to troops in ser SECTION 17. The governor, with the consent of the Executive council, is hereby authorized to appoint and commission any at discretion and officers, or employ the services of any men in addition to furnish supplies those now authorized by law, and determine the rank and vice. compensation for the same, to carry into effect the provisions of this act, or to supply any emergency which may hereafter arise; and he is authorized to furnish such companies or regiments as may go into the service of the United States with such arms, ammunition, clothing and supplies of any kind as he may deem necessary for their proper equipment, support and comfort. ter 108 of General pended. sus SECTION 18. The provisions of sections twenty-three, Sections of chapninety-nine, one hundred, one hundred and one, one hun- Statutes dred and two, one hundred and three, one hundred and four, one hundred and five, one hundred and six, one hundred and seven, and one hundred and eight of chapter thirteen of the General Statutes, are hereby suspended, and shall not be enforced for one year from the passage of this act. SECTION 19. Section twenty-three of chapter two of the Sect. 23, of ch. 2, General Statutes shall not apply to any officer to be appointed under the provisions of this act. SECTION 20. When any requisition is received from the general government, the governor shall proceed to fill the same from troops which are or may have been in garrison or camp, until their numbers are exhausted, and may for that purpose reorganize any companies or regiments so as to comply in all respects with the terms of such requisition, and may detail men or companies from companies or regiments to other companies or regiments, as the public interest may seem to require. SECTION 21. This act shall take effect upon its passage. G. S. not to apply. Requisition, gov ernor to fill from camps and by detail otherwise. Chap. 220 AN ACT IN AMENDMENT OF THE ACT FOR SUPPLYING THE CITY OF Penalty for diverting or cor creased. BOSTON WITH PURE WATER. Be it enacted, &c., as follows: SECTION 1. The fifteenth section of the act entitled "An rupting water in- Act for supplying the City of Boston with Pure Water," passed the thirtieth day of March in the year one thousand eight hundred and forty-six, is hereby amended by adding thereto the following words, viz.: "or by confinement to hard labor in the state prison for a term not exceeding ten years." SECTION 2. This act shall take effect upon its passage. Chap. 221 AN ACT IN FURTHER ADDITION TO AN ACT MAKING APPROPRIATIONS Appropriations authorized. Transportation of paupers. Inspector of gas meters, salary. Land agent, salary. Eye and ear infirmary. Todd school fund, income of. Indians' school fund. pairs of. TO MEET CERTAIN EXPENDITURES AUTHORIZED THE PRESENT Be it enacted, &c., as follows: SECTION 1. The sums hereinafter mentioned are appropriated and shall be allowed and paid out of the treasury of the Commonwealth from the ordinary revenue, upon the warrants of the governor, for the purposes specified, as follows, namely: For the transportation of state paupers, one hundred dollars. For the salary and expenses of the inspector of gas meters, a sum not exceeding three thousand dollars, in accordance with the provisions of chapter one hundred and sixty-eight of the acts of eighteen hundred and sixty-one. For the salary of the land agent for the first quarter of the present year, two hundred and fifty dollars; and for incidental expenses of his office, ten dollars. For the Massachusetts Charitable Eye and Ear Infirmary, the further sum of five hundred dollars. The income of the Todd normal school fund shall be paid to the treasurer of the board of education, to be applied in such manner as shall be prescribed by said board, in accordance with chapter thirty-six of the General Statutes. The income of the Indians' school fund shall be applied according to the provisions of chapter thirty-six of the General Statutes. Essex bridge, re- For deficiency in the appropriation for repairs of the Essex bridge, for the year eighteen hundred and sixty, six hundred fifty-two dollars and fifty-four cents, to be paid from the Essex bridge fund. SECTION 2. This act shall take effect upon its passage. Approved May 23, 1861. AN ACT IN AID OF THE FAMILIES OF VOLUNTEERS, AND FOR OTHER Be it enacted, &c., as follows: PURPOSES. Chap. 222 may raise money SECTION 1. Any town or city may raise money by taxa- Cities and towns tion, and, if necessary, apply the same, under the direction for support. of their selectmen or mayor and aldermen or city council, for the aid of the wife, and of the children under sixteen years of age, of any one of their inhabitants, who, as a member of the volunteer militia of this state may have been mustered into or enlisted in the service of the United States, and for each parent, brother or sister or child, who, at the time of his enlistment, was dependent on him for support. SECTION 2. Any city or town may by vote raise money May pay expense to defray any expense already incurred, or to carry out and incurred and fulfulfil any contract heretofore made with, or in behalf of any of its inhabitants who may have enlisted as members of the volunteer militia, or who have been, or may be called into the service of the United States; but all contracts now Limitation. subsisting between any town or city and any member of the volunteer militia, as such, shall terminate in ninety days from the date of such contract or the date of enlistment if subsequent to such contract and previous to the passage of this act. troops defined. SECTION 3. No compensation, in addition to the regular Compensation of pay of the army or navy of the United States, other than that mentioned in this act, shall be given by any town or city to any of their inhabitants, who, as volunteers, or otherwise, shall enlist in the service of the United States; but Contracts conall contracts made with any members of the volunteer militia who have been mustered into the service of the United States for the term of three months, shall be valid during such term, and no pay shall hereafter be allowed by any town or city for the expense of drilling. firmed. repel invasion. SECTION 4. Any city or town, when danger from attack City or town may from the sea is apprehended, is authorized to organize an armed police to guard against such an attack, and may provide, by taxation, to maintain the same. Such force may, for this purpose, act in any part of the county within which such city or town may be situated. families of vol tions of. SECTION 5. Of the sum so paid or applied by any city or Reimbursement town for the support of the family of any inhabitant, who for support of may be actually engaged in the service of the United States, unteers, condias provided in the first section, there shall be annually reimbursed from the state treasury to such town or city, a sum not exceeding one dollar per week for the wife and one dollar per week for each child or parent of such inhabitant, Proviso. Certified statement to be made to auditor. Annual state ment required. who, at the time of his being called into the service of the United States, was dependent upon him for support: provided, that the whole sum so reimbursed shall not exceed twelve dollars per month for all the persons named in this section so dependent upon any such inhabitant. SECTION 6. No reimbursement shall be allowed from the state treasury to any town or city, as provided in the previous section, until a full report, certified and sworn to by a majority of the board of selectmen of any town, or of the mayor and a majority of the aldermen of any city, containing a statement of the inhabitants of such town or city, whose families have been assisted, as provided in the first section, and of the persons who have been assisted, and the relations which such persons severally bear to such inhabitants, and the sums paid to each person, has been made to the auditor of the Commonwealth, and carefully examined and approved by him. SECTION 7. A statement certified and sworn to by a majority of the board of selectmen of any town or of the mayor and a majority of the aldermen of any city shall be made to the auditor of the Commonwealth, on or before the fifth day of January in each year, of the full amount due such city or town for aid furnished in accordance with this act. SECTION 8. This act shall take effect upon its passage. Chap. 223 AN ACT MAKING APPROPRIATIONS TO MEET CERTAIN EXPENDITURES Appropriations authorized. Issue of scrip. Mileage,senators. Compensation. Mileage, representatives. Compensation. AUTHORIZED AT THE PRESENT SESSION OF THE LEGISLATURE, AND Be it enacted, &c., as follows: There is appropriated out of the treasury of the Commonwealth, to be paid upon the warrants of the governor, for the purposes specified in certain acts and resolves passed at the present extra session, as follows, namely: For plates, paper and printing of the scrip to be issued by the Commonwealth, a sum not exceeding three thousand dollars. For the mileage of senators, a sum not exceeding four hundred dollars. For the compensation of senators, a sum not exceeding twelve hundred and fifty dollars. For the mileage of representatives, a sum not exceeding two thousand three hundred dollars. For the compensation of representatives, a exceeding seven thousand dollars. sum not |