Field

Decided October 15, 1829

Massachusetts Supreme Judicial Court · decided 1829-10-15

<p>The captain of a company in the militia has authority to accept the resignation of the cle^k of the company.</p> <p>Upon a complaint against a soldier for neglecting to appear wilh his company “at F S.’s store,” it appeared, that the captain ordered that the «'•'mpany should be .uned to appear at that store, but that the soldier was warned to appear “at the usual place of parade of the company;” and further, that the store was the usual place, and known uy the soldier to be so, he having performed militia duty there before. Held, that the evidence sustained the complaint.</p>

Decided 1829-10-15

¶1An order to a warning officer to warn a meeting of the company, signed “ by order of said commanding officer, A. B. clerk,” instead of being signed by the commanding officer himself, is in due form.

¶2This was a petition for a writ of certiorari to a justice of the peace, by whom Field had been fined for neglecting to ap*42pear at a meeting of a militia company on the first Tuesday of May> 1829.

¶3Another alleged error was, that the order to the warning officer to warn the company was signed, “ By order of said commanding officer, Matthew Kingman, Clerk; ” instead of being signed by the captain himself. But, per Curiam, the form pursued was correct.2

¶4A writ of certiorari, therefore, was not granted.

¶5 See Revised Stat. c. 12, § 74.

¶6 See Revised Stat. c. 12, § 88.