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before provided. A judgment for such a fine and costs may be enforced in the same manner as a judgment on a claim for necessaries, in accordance with the provisions of sections eighty to eighty-six, both inclusive, of chapter one hundred and sixty-eight of the Revised Laws.

GENERAL PROVISIONS.

for government of the

SECTION 193. The commander-in-chief may make regu- Regulations lations for the government of the militia in accordance with law, and may publish the same with a sufficient index. militia. The commander-in-chief shall cause copies of this act, with such amendments as may be made from time to time, to be published for the information and use of the militia, and a sufficient index shall be made for every such publication, copies whereof, sufficient for the proper supply of the several commands of the militia, shall be printed and issued by the adjutant general.

SECTION 194. The militia shall observe the system of discipline and field exercise ordered to be observed by the army of the United States, or such other system as may hereafter be established by the laws of the United States. SECTION 195. Members of the volunteer militia shall not be liable to jury duty; and any officer or soldier who has served faithfully for nine years in the volunteer militia shall be exempt for life from jury duty, the statement of such service being endorsed on the back of his discharge and certified by his commanding officer.

United States discipline to

system of

be observed.

Exemption

from jury

duty.

etc.

SECTION 196. Rolls of the volunteer militia, showing Rolls to be the names of all general, field, staff and noncommissioned made annually, staff officers, and the names of all company officers and enlisted men in the service, shall be made on the first day of January in each year. Those for companies shall be prepared by the respective company commanders, and all others by direction of the commanding officers of the several organizations. A sworn copy of such rolls, or of so Sworn copies much thereof as may be necessary, shall be furnished by nished. the commanding officers of companies and of such other organizations before the tenth day of January in each. year, to the registrars of voters in any city except Boston, and in Boston to the election commissioners, or to the selectmen of any town, in which such companies or organizations or any members thereof are situated, for use in

to be fur

Penalty for

issue of false certificate.

Rolls of the
Ancient and
Honorable
Artillery
Company.

Exemption from arrest,

etc.

Relief for

injuries, etc.

ascertaining exemptions from jury duty. The issue by an officer of the volunteer militia of a false certificate, or the issue of certificate to any person not entitled to receive the same, for the purpose of securing exemption from jury duty, shall be punished in such manner as the commander-in-chief shall direct. The clerk of the Ancient and Honorable Artillery Company shall furnish annually to the election commissioners in the city of Boston, and to the registrars of voters in any other city, or to the selectmen of any town, sworn rolls of all active members belonging to the company resident in such city or town. No member of the Ancient and Honorable Artillery Company, otherwise liable for jury duty, shall be exempt if the sworn roll herein required has not been made and furnished as aforesaid.

SECTION 197. No officer or soldier shall be arrested on civil process while going to, remaining at or returning from, a place where he is ordered to attend for election of officers or for military duty.

SECTION 198. A member of the volunteer militia or of the naval brigade who shall, when on duty or when assembled therefor under the provisions of sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two, or one hundred and sixty, receive any injury, by reason of such duty or assembly, or who shall without fault or neglect on his part be wounded or disabled while performing any such lawfully ordered duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive the pay provided for by this act and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed by the commander-in-chief upon the application of the member making the claim. Such board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do Findings to be SO, as is possessed by a general court-martial. The findings. of the board shall be subject to the approval of the commander-in-chief. The amount found due such member by said board, to the extent that its findings are approved by

Claims.

approved.

the commander-in-chief, shall be a charge and shall be paid in like manner as other military accounts are paid.

SECTION 199. All military accounts, unless otherwise Military acprovided for by law, shall annually, on or before the fif- counts, etc. teenth day of November, be transmitted to the adjutant general, and shall be certified by him if correct, and then presented to the auditor of the commonwealth for allow

ance.

vouchers, etc.

SECTION 200. Paymasters shall take proper vouchers Paymaster's in duplicate for all payments, and immediately after the payment of troops shall file with the treasurer and receiver general an account of their payments, with the duplicates of their vouchers; and such accounts shall be audited by Auditing, etc. the auditor of the commonwealth, and the several paymasters held to account for any discrepancies.

bond.

SECTION 201. Each officer of the pay department, and Paymaster's the paymasters of the naval brigade shall give bond in the penal sum of ten thousand dollars, with at least two sureties, approved by the governor and council, conditioned. faithfully to perform the duties of their office.

SECTION 202. Any officer to whom any public military property is at any time issued may be required to give bond, with two sureties, satisfactory to the governor and council, conditioned faithfully to perform the duties of his office; to use all necessary care in the safe keeping of military stores and property committed to his custody; to account for the same, and deliver to his successor or to any other person authorized to receive the same all such military property.

Bond of officer for responsibility for my prop

erty, etc.

officers
men who are
not accepted

etc.

SECTION 203. Commissioned officers and enlisted men, Concerning who, by reason of their supplementary positions in the vol- and unteer militia, cannot be accepted when the organizations in the militia, to which they are attached are taken into the service of the United States, shall not therefore be discharged from the volunteer militia, but shall be subject within the limits. of the commonwealth to such military duty as the commander-in-chief shall require, and upon the return to the state of the organizations to which they were attached shall resume their former duties.

In like manner, officers and soldiers who are in the service of the commonwealth, but who do not for any reason enter the volunteer army of the United States, shall retain their positions with the volunteer militia.

Administering oaths, etc.

Certain rights not affected.

Troops to be
ordered out of
the common-
wealth only
by the com-
mander-in-
chief.

Penalty.

Pay and allowances,

etc.

Penalty on civil officers.

Repeal.

SECTION 204. General and field officers, paymasters, the judge advocate general, and all judge advocates may administer the oaths required by this act, except as provided in sections sixty-three and sixty-four; and also oaths required by the regulations for the government of the militia. SECTION 205. The provisions of this act shall not affect the right of the Ancient and Honorable Artillery Company to maintain its organization as a military company, according to ancient usage and to its constitution and by-laws, provided that the same are not repugnant to the laws of this commonwealth and do not restrain the lawful parade or exercise of the active militia.

SECTION 206. No organization of the militia shall be ordered without the limits of the commonwealth, and no military organization shall leave the commonwealth, for any period or purpose whatever, with public military property in its possession or use, without the consent or by the order of the commander-in-chief. Any organization disobeying the provisions of this section shall forthwith be disbanded by the commander-in-chief, and its officers and members shall be liable to trial by court-martial for disobedience of orders.

SECTION 207. The militia when in the service of the United States, if paid by the commonwealth, shall receive the same pay and allowances as the regular troops of the United States; and the rations when commuted shall be valued at the rate fixed by the regulations of the United States army in force at the time. When the militia are discharged from such service they shall be allowed pay and rations to their respective homes.

SECTION 208. Civil officers named in this act who neglect or refuse to obey its provisions shall, except as otherwise expressly provided, forfeit not less than twenty nor more than five hundred dollars for each offence.

SECTION 209. Chapter four hundred and sixty-five of the acts of the year nineteen hundred and five, and all other acts and parts of acts inconsistent herewith, are hereby repealed.

SECTION 210. This act shall take effect upon its pas-
Approved June 11, 1908.

sage.

AN ACT TO REGULATE FURTHER THE BUSINESS OF MAKING Chap.605

SMALL LOANS.

Be it enacted, etc., as follows:

loans not to

without a

license.

SECTION 1. No person, firm or corporation shall engage Business of in the business of making small loans of two hundred dol- making small lars or less upon which a rate of interest greater than be engaged in twelve per cent per annum is charged, and for which no security, other than a note or contract with or without an endorser is taken, without first obtaining a license for carrying on such business in the city or town in which the business is to be transacted. Such licenses may be granted in Boston by the police commissioner, in other cities by the mayor and aldermen, and in towns, by the selectmen.

officer or

lations, etc.

SECTION 2. The licensing officer or board shall from Licensing time to time establish regulations respecting the business board to escarried on by the persons so licensed and the rate of in- tablish reguterest to be charged by them, having due regard to the amount of the loan and the time for which it is made; and no licensee shall charge or receive upon any loan a greater rate of interest than that fixed by the licensing officer or board.

amount of

SECTION 3. In the case of a loan to which the provi- Regulating sions of section one apply, an amount not exceeding two loans, etc. dollars if the loan does not exceed twenty-five dollars, not exceeding ten dollars if the loan exceeds one hundred dollars, not exceeding three dollars if the loan exceeds twentyfive dollars but does not exceed fifty dollars, and not exceeding five dollars if the loan exceeds fifty dollars but does not exceed one hundred dollars, may, if both parties to the loan so agree, be paid by the borrower or added to the debt, and taken by the lender as the expense of making the loan, and such amount shall not be counted as part of the interest on the loan. A greater amount than that above specified shall not be taken for such purpose, and any money paid, promised or taken in excess of such amount shall be deemed to be interest.

SECTION 4. Whoever not being duly licensed as pro- Penalty. vided in section one, on his own account or on account of any other person, firm or corporation, not so licensed, engages in or carries on directly or indirectly, either sepa

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