shall draw pay from the date of their bonds, hereafter to be given, for the care, safe keeping, and accountability of their arms, when their bonds shall be accepted and approved, at the rate of fifty dollars a year, payable yearly, by the Quartermaster General. The Term of enlistterm of enlistment shall be six years, except for actual service, which shall be for the period of such service, or six years, at the discretion of the person enlisted, if no other term be prescribed by the Commander-in-chief. ment. CHAPTER VIII.- -RIOTS, TUMULTS, BREACHES OF THE PEACE, AND RESISTANCE OF PROCESS. be called out to service. officer to be sub (871.) SEC. 44. In case of any breach of the peace, tumults, riot, state troops may or violent resistance of any process of this State, or apprehension quell riots, etc. of immediate danger thereof, it shall be lawful for the sheriff of any county, or the mayor or recorder of any city, to call for aid from any portion of the State troops; and it shall be the duty of the commanding officer to whom such order is given, to order out, in aid of the civil authorities, the military force under his command, or any part thereof. In such cases it shall not be necessary for commanding officers to issue written orders or notices for calling out their command, but verbal orders shall be sufficient. (872.) SEC. 45. It shall be the duty of the commanding officer, To be armed for in all cases when so called into service, to provide each of the men of his command, so ordered out, with at least twenty-four rounds of ball cartridge, and arms in complete order for actual service. (873.) SEC. 46. Every such commanding officer shall be subject, Commanding as provided by law, to the sheriff or other public officer who shall ject to the sheriff require his aid; and for refusing or neglecting to obey the requisition of such public officer so requiring service, or for neglecting or refusing to carry into effect the orders of such public officer, or for interfering, or in any way hindering or preventing the men of his command from performing such duty, or in any manner, by neglect or delay, preventing the due execution of law, every such commanding officer, and every commissioned officer under his command, so offending, shall be liable to a fine of not less than one hundred nor more than five hundred dollars, or imprisonment in the county jail not exceeding one year, or both such fine and imprisonment, in the discretion of the court; and in addition. thereto, such officer shall be liable to be tried by courts-martial, and sentenced to be cashiered; and it shall be the duty of the Duty of proseprosecuting attorney of any county where such offense shall be cuting attorney. Penalty for refusal of privates, ders. committed, to prosecute the same, to recover the penalty herein provided, and pay the same into the county treasury. (874.) SEC. 47. Any non-commissioned officer, musician, or etc., to obey or private, who shall neglect or refuse to obey the order of his commanding officer, in the case herein provided for, shall be liable to a fine of not more than one hundred dollars, and imprisonment in the county jail not exceeding three months, to be prosecuted and recovered in the same manner hereinbefore provided for in the case of commissioned officers, and pay the same into the county treasury in the manner prescribed in the last section. Compensation of troops for ing riots, etc. (875.) SEC. 48. All officers, non-commissioned officers, musicians, services in quell- and privates, shall receive for their services for each day actually spent by them on duty, in case of riot, tumult, breach of the peace, resistance of process, or whenever called upon in aid of the civil authorities, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous, and in returning to their homes, the following compensation, together with necessary rations and forage, to wit: To each private, one dollar per day; to each non-commissioned officer and musician, one dollar and twenty-five cents per day; to all commissioned officers of the line, and to the field, staff, and other commissioned officers, the pay proper of officers of the army of the same rank in the service of the United States, together with all necessary rations and forage; and for the horses of all mounted officers and men, one dollar per day. Such compensation, and such rations and forage, and the cost of all ammunition used, or purchased for use, by any officer in command of the State troops so called out, shall be audited, allowed, and paid by the board of supervisors of the county where such service is rendered, to the commandants of companies, upon their certificates approved and certified by the officer commanding said troops; and if only one company has performed the service, on the certificate of the commissioned officers of said company, and shall be a portion of the county charges of such county, to be levied, assessed, collected, and paid, in the same manner as other county charges are assessed, collected, and paid. How allowed and paid. Provisions for the wounded or disabled. (876.) SEC. 49. In case any officer, non-commisioned officer, musician, or private, shall be wounded or disabled, while in service, in case of riot, tumult, breach of the peace, resistance of process, or whenever called in aid of the civil authorities, he shall be taken care of and provided for at the expense of the county where such service shall have been rendered, during such disability, and in case of death in consequence of such wounds, his widow and children, if any, shall receive such relief as the Board of State Auditors may determine to be just and reasonable. CHAPTER IX. ARMS, EQUIPMENTS, AND EQUIP- (877.) SEC. 50. Officers of the line and staff, and officers and Uniforms. soldiers of any company of the State troops, shall provide themselves with such uniforms, complete, as the State Military Board, with the approval of the Commander-in-chief, shall prescribe, subject to such restrictions, limitations, and alterations as he may order. ARTICLES FURNISHED BY THE STATE. officer to be fur tents, etc. be responsible (878.) SEC. 51. The Quartermaster General shall deliver, as a Commanding loan from the property of the State, to the commanding officer of nished with each division, brigade, regiment, or company of the State troops, such tents, fixtures, arms, and equipments, camp equipage, and such other military property as may be necessary; and each officer such officer to to whom such property is delivered shall receipt for and be for the same. responsible for the safe keeping of the same; and in case of the discharge or death of such officer, he or his legal representative, shall be released from such responsibility upon filing in the office of the Quartermaster General a bond, with sufficient sureties, and the certificate of the officer succeeding him in command, that the articles so furnished are, at the date of the certificate, in good order and condition, reasonable use and wear thereof excepted. All quarterly accounts shall be finally settled by the Quartermaster General. (879.) SEC. 52. The Quartermaster General, on the written Armory. application of the commander of a company of State troops duly organized, shall furnish the use of a suitable armory, appropriate for such arms and equipments, at the expense of the State. to erty to be kept (880.) SEC. 53. Whenever any articles are furnished, as aforesaid, Military propany of the State troops, the same shall be deposited and kept in the armory. in an armory provided by the State. armory and re (881.) SEC. 54. The Commander-in-chief may, from time to time, Examination of require the Inspector General to examine any armory, or arms pro- port thereon. vided as aforesaid, and report to him the condition thereof, and of the arms therein deposited. (882.) SEC. 55. If it shall appear satisfactorily to the Inspector Military property not properly General that any arms, ordnance, or other property of the State, cared for, may already distributed, or which may hereafter be distributed to any be taken away. Penalty for selling, concealing, etc., military property. Equipment of light artillery. Expenses to be paid from the State military fund. Organization of regiments. Division and consolidation of divisions. company, has not been safely kept, or properly housed, or has been injured, or lent, or used for other purposes than on military occasions, he shall prosecute the bond given by the commanding officer of such company, or he shall take away such property from such company, and report such company to the Commander-in-chief, who shall disband the same at his discretion. For this purpose, the Inspector General may inspect, or cause to be inspected or examined, at any time at his discretion, the arms and property aforesaid. (883.) SEC. 56. Any person who shall sell, retain, conceal, or have in possession any arms, ordnance, military stores, or other property of the State of a military character, the same not having been delivered to him by any person thereto authorized, or who shall retain or refuse to deliver the same to the Quartermaster General, or his order, or to any officer of the Adjutant General's, Inspector General's, or Quartermaster General's department, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in four times the value of such property, or imprisoned in the county jail not exceeding six months, or both. (884.) SEC. 57. Each company of light artillery shall be provided by the Quartermaster General with the battery of maneuver prescribed for that arm by the War Department of the United States, with caissons, harness, implements, and ordnance stores, which may, from time to time, be necessary for their complete equipment for the field, and when a state of war or danger thereof renders target practice expedient in the opinion of the Commander-in-chief, such quantity of ammunition annually as he deems necessary to be expended in experimental gunnery: Provided, That no expense shall be incurred against any other fund than the State military fund for any of the objects contemplated by this act, nor shall any money be drawn for such objects from any other fund, except in time of actual or threatened war, or when otherwise provided by law. (885.) SEC. 58. Any number of companies of the State troops (not less than eight within the same brigade district) who are fully uniformed and equipped, according to law and regulation, may organize themselves, with the approval of the Commander-inchief, into a regiment, and the commissioned officers thereof shall elect one colonel, one lieutenant-colonel, and one major, as field officers of such regiment. (886.) SEC. 59. The Commander-in-chief, with the advice of the State Military Board, may arrange, alter, divide, annex, and consoli . date the divisions, brigades, regiments, and companies, in such manner as, in his opinion, the proper organization of the same shall require. (887.) SEC. 60. On the occurrence of any vacancy in office, after Vacancies in companies, how the first organization of any company, the members thereof may alled. proceed to elect some person to fill such vacancy. field officers, (888.) SEC. 61. The manner, time, and place of holding and Vacancies in conducting all company elections, shall be regulated by the by-laws how filled. of such company. All vacancies in the field officers of a regiment shall be filled by a majority vote of the commissioned officers of said regiment, at a time, not exceeding sixty days from the date such vacancy occurs, to be fixed by the officer commanding such regiment. Ten days' notice of the time and place of holding such election shall be given in writing to each company officer in said regiment. election of made. (889.) Sec. 62. The returns of all company and regimental elec- Returns of tions of commissioned officers of the State troops, and appoint- officers, when ments of staff officers therein, shall be made to the superior officer, and by him to the Adjutant General, within ten days from the time of such election. the election of wearing arms. are deficient in disbanded. (890.) SEC. 63. No election for military officers shall be held on Restriction as to the first day of the week, nor on days appointed by law for the officers and election of State, county, township, or city officers; and all arms are forbidden to be worn at an election. (891.) SEC. 64. Every volunteer company which shall not, at Companies that any annual redezvous or encampment, have at least thirty privates, numbers, to be mounted or armed, uniformed and equipped as the law directs, shall be immediately reported by the Inspector General, or by one of his assistants, to the Adjutant General. If such number of privates shall not appear, such Inspector General shall require proof that there are privates belonging to such company, properly mounted, or armed and equipped, sufficient to complete the whole number of thirty; and such proof may be made by the certificate of a commissioned officer, or by the oath of a non-commissioned officer or private; and the company so reported as deficient in number shall be disbanded by the Commander-in-chief in orders, unless he shall have reason to believe that such company will have the number required at the next succeeding inspection and review; and if such company shall, at the next succeeding inspection and review, be so deficient, he shall, without any delay, disband the same. tute of commis (892.) SEC. 65. If any volunteer company shall, at any time, be Companies destidestitute of commissioned officers, and having been twice ordered sioned officers to be disbanded. |