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H 864 A. Approved

June 13, 1923.

Annual salary

of fourth assistant

attorneygeneral.

Appropriation for carrying out the provisions of this act.

CHAPTER 478.

[2363]

AN ACT FIXING THE SALARY OF THE FOURTH ASSISTANT

ATTORNEY-GENERAL.

It is enacted by the General Assembly as follows:

SECTION 1. The annual salary of the fourth assistant attorney-general shall be three thousand dollars, which salary shall be in full compensation for all services which may be required of him by law. SEC. 2. For the purpose of carrying this act into effect during the fiscal year ending November 30, 1923, the sum of two thousand dollars, or so much thereof as may be necessary, be and the same hereby is appropriated, out of any money in the treasury not otherwise appropriated; and the state auditor is hereby directed to draw his orders on the general treasurer for the payment of said sum, or so much thereof as may from time to time be required, upon receipt by him of proper vouchers.

SEC. 3. This act shall take effect upon its passage.

H[862. Approved

June 13, 1923.

CHAPTER 479.

[2364]

AN ACT IN AMENDMENT OF SECTION 8 OF CHAPTER 22

OF THE GENERAL LAWS, ENTITLED "OF THE

ATTORNEY-GENERAL AND THE ASSISTANT ATTOR-
NEYS-GENERAL.”

It is enacted by the General Assembly as follows:

SECTION 1. Section 8 of chapter 22 of the general laws, entitled "Of the attorney-general and the

assistant attorneys-general," is hereby amended so as to read as follows:

Attorney

appoint clerks;

allowance for

salaries of.

"Sec. 8. The attorney-general may appoint a general may chief clerk to perform such duties as he may direct in connection with the business of his department. The annual salary of such chief clerk shall be twentyfour hundred dollars. The attorney-general may also appoint one or more additional clerks to perform such duties as he may direct in connection with the business of his department, which said clerks shall be paid salaries to be fixed in amount by the attorneygeneral, not to exceed the sum of one thousand dollars annually. Said chief clerk and clerks shall hold office during the pleasure of the attorney-general."

SEC. 2. For the purpose of carrying this act into effect for the fiscal year ending November 30, A. D. 1923, the sum of six hundred seventy-five dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, and the state auditor is hereby directed to draw his orders upon the general treasurer for the payment of said sum, or so much thereof as may from time to time be required, upon receipt by him of proper vouchers approved by the attorney-general.

SEC. 3. This act shall take effect upon its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

Appropriation out the pro

for carrying

visions of this act.

CHAPTER 480.

[2365]

H 890.
Approved

June 13, 1923.

Attempt to commit larceny

made punishable.

AN ACT IN AMENDMENT OF AND IN ADDITION TO

CHAPTER 402 OF THE GENERAL LAWS, ENTITLED
GENERAL PROVISIONS CONCERNING CRIME.'

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It is enacted by the General Assembly as follows:

SECTION 1. Chapter 402 of the general laws, entitled "General provisions concerning crime," is hereby amended by adding thereto the following section:

"Sec. 4. Whoever attempts to commit larceny by doing any act toward the commission of such offence, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been inflicted if the offence attempted had been committed."

SEC. 2. This act shall take effect upon its passage and all acts and parts of acts inconsistent herewith are hereby repealed.

H 789 B.
Approved

June 13, 1923.

CHAPTER 481.

[2366]

AN ACT IN AMENDMENT OF CHAPTER 418 OF THE
GENERAL LAWS, ENTITLED "OF THE MILITIA.”

It is enacted by the General Assembly as follows:

SECTION 1. Section Section 13 of chapter 418 of the general laws, entitled "Of the militia," is hereby amended so as to read as follows:

"Occasions When the Articles of War of the United States are to be in Force.

war of the

to be in force,

"Sec. 13. The articles of war governing the army Articles of of the United States and the regulations prescribed United States for the army of the United States, as far as such when. regulations are consistent with this chapter and the regulations issued thereunder, shall be in force and regarded as part of this chapter.

"Courts-martial shall possess, in addition to the Courts-martial. jurisdiction and power of sentence and punishment herein vested in them, all additional jurisdiction and power of sentence and punishment exercisible by like courts under such articles of war or the regulations or laws governing the United States army or the customs and usages thereof, but no punishment under such rules and articles which shall extend to the taking of life shall, in any case be inflicted except in time of actual war, invasion, or insurrection declared by proclamation of the commander-in-chief to exist, and then only after the approval by the commanderin-chief of the sentence inflicting such punishment. Imprisonment other than in guardhouse shall be executed in jails or prisons designated by the commander-in-chief for the purpose.

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SEC. 2. Section 18 of chapter 418 of the general laws, is hereby amended so as to read as follows: "Power of Commander-in-Chief to Disband for Cause. "Sec. 18. The commander-in-chief is hereby authorized and empowered to disband any organization of the national guard or naval militia in the state, subject to the provisions of the National Defense Act: Provided, that the commanding officer of such organization shall first be notified and permitted a period of sixty days within which to remedy such condition."

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Staff of commander-inchief, how composed.

SEC. 3. Section 19 of chapter 418 of the general laws, is hereby amended so as to read as follows:

"Staff of the Commander-in-Chief.

"Sec. 19. The staff of the commander-in-chief shall consist of the adjutant general, who shall be chief of staff and paymaster general, with the rank of brigadier general, and who shall be elected by the general assembly in grand committee, and shall hold office for five years, and of six aides-de-camp at least three of whom shall be detailed from the commissioned officers of the national guard or naval miltia, in active or retired service and three of whom may be honorably discharged commissioned officers who were in the military or naval service of the United States in the Spanish-American war or the war with Germany and her allies, to be appointed by the commander-in-chief from among the citizens of the

state.

"Commissioned officers detailed as aides-de-camp from the national guard or the naval militia shall have the rank of their commission in the national guard or naval militia and shall not be relieved from duty with their organizations during the terms of office on the staff of the commander-in-chief, and such honorably discharged commissioned officers appointed as aides-de-camp by the commander-inchief shall have the same rank as they held at the time of their discharge from the military or naval service of the United States, or any higher rank to which they are entitled at time of their appointment."

SEC. 4. Section 30 of chapter 418 of the general laws, is hereby amended so as to read as follows:

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