of veterans may at any time parade in public their color guards of ten men with firearms; and that any organization heretofore authorized thereto by law may parade with sidearms, and any veteran association composed wholly of past members of the militia of this commonwealth may maintain an armory for the use of the organization of the militia to which its members belonged.

SECTION 171. Whoever violates the provisions of the Penalty. preceding section, or belongs to or parades with any such unauthorized body of men with firearms, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

Excuses for Non-performance of Duty.

SECTION 172. No officer or soldier of the volunteer militia not on leave of absence or furlough shall be excused from duty in time of insurrection, invasion or disturbance of the peace, except upon a physician's certificate of disability. If an officer or soldier is absent without leave and does not produce such certificate to his commanding officer, he shall be tried by court-martial for desertion, or absence without leave. Sickness shall not be an excuse unless he procures a certificate or satisfies the court-martial that he was unable to procure the same. Commanding

officers of regiments, separate battalion, squadron, naval brigade, corps of cadets, staff corps and departments, may, on sufficient grounds, or according to the by-laws provided for by section one hundred and ninety-one, excuse absences from camp duty and drills. Delinquents who fail to pay fines imposed upon them shall be tried by court-martial.

Pay and Allowances.

Excuses for

non-performance of duty.

of officers and

SECTION 173. There shall be allowed and paid per diem Compensation to officers and soldiers of the volunteer militia, on rolls. soldiers. and accounts in such form as the commander-in-chief may prescribe, for the duty prescribed by sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, as follows: major general, twenty dollars and eightythree cents; brigadier general, fifteen dollars and twentyeight cents; colonel, or captain in naval grade, nine dollars.

of officers and

soldiers.

Compensation and seventy-two cents; lieutenant colonel, or commander in naval grade, eight dollars and thirty-three cents; major, or lieutenant commander in naval grade, six dollars and ninety-four cents; captain, mounted, five dollars and fiftysix cents; captain, not mounted, or lieutenant in naval grade, five dollars; first lieutenant, mounted, four dollars and forty-four cents; first lieutenant, not mounted, or lieutenant, junior grade, in naval grade, four dollars and seventeen cents; second lieutenant, mounted, four dollars and seventeen cents; second lieutenant, not mounted, or ensign, naval grade, three dollars and eighty-nine cents; chaplain, four dollars and seventeen cents; noncommissioned staff officers, and petty officers and color sergeants, of like naval grade, three dollars and five cents; members of a band, four dollars and fifty-five cents; cooks and, in the naval brigade, cooks, first class, three dollars and fifty-five cents if, in such form as the commander-in-chief prescribes, it is certified and made to appear that in each case the duty of superintending and assisting in the preparation of the food of the company was actually performed by the cook in person during the tour of duty or day of duty for which he is returned for pay; otherwise the pay of other enlisted men of like grade; and every other enlisted man, one dollar and fifty-five cents. There shall be allowed for each horse actually used by officers and soldiers authorized to be mounted and for each draft horse used in the artillery the sum of four dollars a day, which shall be in full for keeping and forage except that when forage is furnished in kind, as provided in section one hundred and seventy-six, the cost of the same shall be deducted from this allowance. For all other duty under orders of the commander-in-chief, unless otherwise specially provided, or as a witness or defendant under summons, as provided in section one hundred and eightyfive, there shall be allowed and paid per diem to all officers above the rank of captain, four dollars; to every other commissioned officer, two dollars and fifty cents; to every member of a band, three dollars and fifty-five cents, and, if with troops, one dollar additional; and to every enlisted man, one dollar and fifty-five cents. In addition to the pay herein specified, each member of a band and each enlisted man shall receive forty-five cents per diem, in lieu of subsistence, except as provided in section one hundred and seventy-six. There shall annually be allowed and paid

to each adjutant general of brigade, twenty dollars; to each adjutant other than battalion adjutants of regiments, fifty dollars, and twelve dollars and fifty cents for every company in the command to which he is attached. There shall annually be allowed and paid to each paymaster, twelve dollars and fifty cents for every company in the command to which he is assigned. There shall be allowed and paid to each chief bugler, bugler, musician and trumpeter of the volunteer militia, for the duty required by sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, three dollars and five cents a day. All sums herein specified as pay for enlisted men shall be an allowance to headquarters and companies on a per man per diem basis, and no enlisted men shall be entitled to receive, as pay, from this allowance a per diem amount in excess of the per diem pay received by a man of like grade in the regular army or navy on January first, nineteen hundred and eight.

travel.

SECTION 174. There shall be allowed and paid to each Allowances for officer and soldier required to travel on duty, as follows: under sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, two cents a mile each way, computed by the most direct railroad communication from the place in which the headquarters of the various commands and the armories of the companies are situated; and when upon duty as a member or judge advocate of any military court or board, or as a witness or defendant before such court or board, when appearing before the board of examiners provided for in section sixty-three, when attending meetings of officers, as provided in section one hundred and fifty-eight; when acting as the presiding officer at an election, as an elector at the election of a general or field officer, or as a paymaster, or in any case when obliged by orders of the commander-in-chief to travel without troops, four cents a mile each way, computed by the most direct railroad communication from the residence of the officer or soldier. There shall annually be allowed and paid a sum for instruction in riding not exceeding ten riding. dollars per man for the aggregate enlisted strength entitled by law to be mounted. Certificates signed by the commanding officer of each organization, stating the number of

Allowances for

instruction in

Allowances to certain officers.

Allowances for care of property.

men in his command who have received such instruction and who have ridden at least five times under proper military instruction, shall be furnished to the adjutant general, and upon his approval payments shall be made from said sum to the commanding officer of each organization at the rate of ten dollars for each man in his command, not exceeding the maximum legal enlisted strength thereof, so certified as having received instruction. There shall annually be allowed and paid out of the treasury of the commonwealth to every person who has held a commission in the Massachusetts volunteer militia and who has served the whole of the year preceding the first day of April of each year, the sum of thirty-five dollars, upon the approval of the adjutant general, and of the intermediate commander of organizations, and upon their certification that such persons during the said period of service have complied with the provisions of section one hundred and six of this act; and every commissioned officer who has not held his office during the whole of said year shall, upon the approval and certification by the officers specified in this section and in the manner aforesaid, be allowed and paid such sum as may equitably be due him for that part of the year during which he actually served. There shall annually be allowed and paid for the care of and responsibility for military property of the commonwealth in their charge, to the commander of the first corps of cadets and each company commander, fifty dollars; to the commander of the second corps of cadets, two hundred and fifty dollars; to each commander of a battery of field artillery, two hundred dollars; to each regimental commander, the commander of the field artillery battalion, the commander of the squadron of cavalry and to the signal corps commander, fifty dollars; to the commander of the naval brigade, five hundred dollars, and to the hospital corps commander, fifty dollars; from which the adjutant general may deduct the cost of all articles lost by neglect or losses unsatisfactorily explained, before certification to the auditor for payment. When military property loaned by the United States government to the commonwealth has suffered loss or injury, the amount of such loss or injury shall be paid to the United States government out of the treasury of the commonwealth upon the approval of the adjutant general, and the amounts so paid shall be deducted from allowances

herein made payable to officers of the militia or from sums paid into the treasury of the commonwealth by the adjutant general on account of such loss or injury and collected by him from officers of the militia responsible therefor, or from their bondsmen. Inspecting officers when on duty in Allowances armories, under orders of the commander-in-chief, shall for inspecting receive the pay and allowances provided for officers on special duty.

There shall annually be allowed and paid out of the treasury of the commonwealth a sum not exceeding four thousand dollars, to be expended under the direction of the adjutant general in furnishing the officers and men of the organized militia with uniform instruction in military authority, organization and administration and in the elements of military art. Certificates for allowance of expenses incident to such instruction shall be furnished to the adjutant general, and upon his approval payment shall be made to the person or persons certified to be entitled. thereto.

officers.

Allowances

for instruction

in military

authority, etc.

for transpor

mounted

men.

SECTION 175. Mounted officers and men, when ordered Allowances by the commander-in-chief to transport their horses, shall tation of be allowed the actual cost of such transportation from the officers and point of departure nearest to the several headquarters or the armories of the companies to which they belong. No allowance shall be made for transportation not actually used, nor to officers or men when transported by horses provided by the commonwealth.

Subsistence may be fur

SECTION 176. Subsistence for enlisted men and bandsmen shall be furnished in kind by the commissary gen- nished in kind. eral, unless otherwise directed by the commander-in-chief, when troops are on duty under sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty, and the necessary cost thereof shall be paid from the appropriation for pay and allowances. Bids for supplies for the annual encampment of the militia, involving the expenditure of more than one hundred dollars, shall be advertised for by the commissary general in such newspapers as the adjutant general shall approve; and the contract shall be awarded to the lowest bidder, provided that the bid is approved by the adjutant general, and that the bidder furnishes such security, if any, as the adjutant general may require. The commissary general is authorized