to certify to the Governor the expediency of raising cadet companies or other corps. Governor and Council authorised to raise And whereas it hath been found to be promotive of military knowledge, to encourage the formation of cadet companies, and other military corps: Be it therefore further enacted by the authority aforesaid, Major generals That when any major general, commander of a division of militia in this Commonwealth shall certify to the Governor, that in his opinion it will be expedient and for the good of the Commonwealth, that one or more companies of cadets, or other corps, should be raised in his division, the Governor with advice and consent of the Council, be, and he is hereby authorized and empowered (if he such companies. judge expedient) to raise such cadet company, companies, or corps; and when any such company or corps shall be raised, they shall elect their officers in the same manner, and in the same proportion, as is provided for the election of officers of other companies and corps of militia, in this Commonwealth; and the officers so elected shall be commissioned by the Governor. Provided always, That no such cadet company or corps shall be raised in any of said divisions, when by means thereof; any of the standing companies within the same, would be reduced to a less number than sixty privates. Officers how elected. Proviso. or corps by whom commanded. And be it further enacted by the authority aforesaid, Said companies That the said companies or corps, when raised and organized, shall be under the command of the major general of the division in which they shall be respectively formed; To be subject to and shall be subject to the rules and regulations, that are already or may hereafter be provided by the legislature, or the commander in chief of the militia of this Commonwealth, for the general government of the militia. the same regu lations as the militia. And be it further enacted by the authority aforesaid, Courts martial, That the commander in chief shall appoint general courts by whom appointed. Sentences to be approved by the officer who ap points the court. martial, for the trial of all officers above the rank of captain: That the major generals, each in his own division, shall appoint general courts martial for the trial of captains, and all commissioned officers under that rank: And that it shall be the duty of every officer who shall appoint a court martial, as aforesaid, to approve or disapprove of the sentence, or sentences, of such court martial by them appointed, and no officer who shall appoint a court martial shall be president thereof; nor shall any sentence of a court martial be put in execution, 'till it shall have been approved of by the officer who appointed the same. are sentenced, adjudge them And be it further enacted by the authority aforesaid, That when a general court martial shall sentence any When officers officer to be removed from office, the court shall therein the court shall adjudge such officer incapable of holding any military incapable of commission, under this Commonwealth, for life, or for holding any years, according to the nature and aggravation of his offence; and such sentence after being approved as aforesaid and published, shall remain in force, unless reversed by the General Court. commission. whom adminis And be it further enacted by the authority aforesaid, That before any general court martial shall proceed to the The oath by trial of any cause, the judge advocate shall administer to tered, previous the president, and each of the members the following oath, viz. : to trial. oath. You A. B. do swear, that you will well and truly try Form of the and determine, according to the evidence given you, the cause now before you, between this Commonwealth and the person to be tried: And you do further swear, that you will not divulge the sentence of this court martial, until it shall be approved or disapproved of; and that you will not on any account, at any time whatever, discover the vote or opinion of any member of the court, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you GOD. And the president shall administer to the judge advo- The oath to the cate the following oath, viz. : judge advocate by whom ad. ministered. oath. You A. B. do swear, that you will not on any account, Form of the at any time whatever, divulge the vote or opinion of any particular member of this court martial unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law, and that you will not disclose the sentence of this court martial, until it shall have been approved or disapproved of, by the officer who appointed the same. So help you GOD. or disobedience, And be it further enacted by the authority aforesaid, Non-commisThat in all cases where any non-commissioned officer shall sioned officers be convicted before any Justice of the Peace, or Court of guilty of neglect Common Pleas, of having been guilty of neglect of duty, to be reduced to or disobedience of orders, said non-commissioned officer shall in consideration thereof, be considered as reduced to the station of a private soldier. private soldiers. Adjutant Gen eral to be eral of the militia. And be it further enacted by the authority aforesaid, That the Adjutant General of the militia of this Commonwealth shall also be Inspector General of the same. Chap. 37 AN Preamble. Boundaries. November 29, 1785. 1785.- Chapter 37. [October Session, ch. 19.] ACT FOR INCORPORATING CERTAIN LANDS IN WEST SPRINGFIELD, IN THE COUNTY OF HAMPSHIRE, INTO A COMMON FIELD. Whereas Abraham Burbank, Esq; Gideon Mosley, Russel Leonard, Jesse M'Intire, Major Samuel Flower, George M'Intire, Reverend Sylvanus Griswould, Abraham Ripley, Justin Grainger, Austin Leonard, John Leonard, Joseph Pierpont, William Leonard, Daniel Leonard, Reverend Edward Upham, Ozias Flower, Josiah Grainger, Oliver Leonard, Preserved Leonard, Vintin Leonard, Samuel Palmer, Moses Leonard, Samuel Leonard, Enoch Cooper, David White, Abner Leonard and Gideon Leonard, have petitioned this Court, setting forth that they are the proprietors of the greatest part of a tract of land lying in said West Springfield, between Agawam Street and Feeding Hills Street, so called, that the same is light, arable land, which will not pay the expense of small inclosures, and praying that the same may be incorporated into a general field, bounded as follows: -To begin the south side of the county road, a few rods west of the dwelling house of Samuel Palmer, abovementioned, and to run north, twenty-six degrees west, to the corner of George Leonard's land, twelve rods, the east side of a twenty rod road; then to run north forty-five degrees west, on the eastward side of the twenty rod highway, and on the westward end of sundry ten acre lots, one hundred and eighty rods, to the north-west corner of a lot of land belonging to the heirs of Patrick Marshal, deceased; then to run north, eleven degrees east, sixty-six rods, to Samuel Palmer's land; then on the westwardly end of said Palmer's land on an old ditch, northwestward, fifty-four rods, to a gate near the dwelling house of Sandy Onkamore; then west, forty-one degrees north, by the south side of said Onkamore's fence, thirty-five rods; then north, eight degrees east, twenty-eight rods, to land lately owned by Mr. Kelsey, to a ditch; then partly on said ditch to run west, thirty eight degrees north, one hundred and twelve rods; then west, twenty-six degrees north, twenty rods, on a ditch to the Old Stone Path, so called; then west, thirty-seven degrees north, on a ditch, twenty rods; then north, thirty-eight degrees west, twenty-four rods, on Preserved Leonard's fence, at Medaneage grant; then west, twelve degrees north, twenty rods; then to bound on Medaneage grant, to the west end thereof, forty-two rods; then west, thirty-five degrees south, twenty-eight rods, to a marked staddle, at the corner of a ditch; then west, twenty-five degrees north, on Preserved Leonard's ditch, sixty-two rods; then to run eighteen rods to Agawam River; then on the south-west side of said river to Abel Leonard's land, west of a deep gutter; then to run from the river, south, thirty-one degrees west, between the grants of land owned by Abel Leonard and Daniel Leonard, deceased, fifty-six rods, to George M'Intire's land; then west, three degrees north, twenty-two rods on the north side of the said M'Intire's land; then south, eleven degrees west, by said land, eighteen rods; then south, twenty-three degrees east, fifty-two rods, by said M'Intire's land; then on the northwardly side of Austin Leonard's land, partly on a ditch, seventy rods; then westward, by George M'Intire's land, sixty rods, to the north-east corner of Jonathan Loomis's land; then south, fifteen degrees east, by the said M'Intire's land, fifty-four rods, to the outward common line; then west, the south side of Jonathan Loomis's land, seventy rods, to the county road leading from Westfield to Suffield; then southwardly on the east side of said road, three hundred and sixty-seven rods and an half, to a town road near Austin Leonard's house; then to run eastward, on the north side of said road, to Ozias Flower's barn, being one hundred and twenty rods; then on the north-east side of the said town road, one hundred and fifty-four rods, a little south of the dwelling house of the Reverend Edward Upham; then east, thirteen degrees south, on a ditch, eighty-five rods; then south, thirteen degrees west, twenty-five rods on a ditch; then east, five degrees and thirty minutes south, by the north side of Benedict Bliss's land, eighty-four rods; then north, on the west end of Seargeant's land, fifty rods; then east five degrees and thirty minutes south, on the north side of Seargeant's land, one hundred and forty rods, to the inward common line: then to run north on the said line, two hundred and sixty-six rods, to a ditch at the northwest rated. corner of a lot of land owned by the heirs of Benjamin Leonard, deceased; then eastward, on the said ditch, thirty-four rods; then southwardly, by the said ditch, thirty-eight rods; then eastward, on the said ditch, the northwardly side of the said lot, eighty-eight rods, to a town road; then to run across the said road to the corner of land owned by Reuben Leonard, five rods; then to run eastward by the said Leonard's fence, ninety-six rods; then on a ditch, by the said Reuben Leonard's land, and George Leonard's land, fifty rods, to land of Enoch Cooper; then, by the said Cooper's land, on a ditch, sixty-four rods, to Samuel Palmer's land, at a ditch; then by the westerly side of the said Palmer's land, by his fence, one hundred and five rods, to the first mentioned bounds: Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority Lands incorpo. of the same, That the lands aforesaid, being all the lands included within the lines aforesaid, be, and they hereby are, incorporated into one common and general field; and the proprietors and owners of the said lands are hereby invested with all the powers and privileges that the proprietors of lands in general fields by law are vested withal. Non-petitioning prietors at lib. by themselves, &c. Provided nevertheless, and be it further enacted, That none of the proprietors of lands included in the limits of the general field aforesaid, and who have not petitioned therefor, shall be obliged, as members of the said corporation or propriety, to contribute to the general fence, or be subjected to the votes of the other proprietors in regard to their lands they now own there, whenever and so long as they shall inclose and improve the same in severalty, or shall not improve and enjoy the same under the protection and security of the same common fence with the rest of the proprietors in general; anything in the foregoing paragraph to the contrary notwithstanding. Petitioning pro- And be it further enacted, That each and every of the erty to inclose petitioning proprietors aforesaid, may be at full liberty, at any, and at all times hereafter, to inclose and improve, by themselves, any of their lands lying within the limits aforesaid, as if such act of incorporation had not been made, they maintaining their respective proportions of the general fence around the same. November 30, 1785. |