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company to elect an officer; he shall make out, after suid election shall have been determined, a list of the persons so volunteering, a certificate of each officer so elected, and transmit them to the Adjutant-General of the state, together with a copy of the proceedings of said meeting, and a copy of his appointment, and of the notice of said meeting, duly certified by him; and if it shall be found that such company has been organized, and such officers elected in conformity with the provisions of this Act, such company shall be listed in the office of the Adjutant-General, as a company of the organized volunteer militia of this state, and the officers so elected shall be commissioned by the Commander-in-Chief, who shall hold their respective offices for the term for which they were elected.

company.

643. SEC. 19. The volunteer or independent companies what number shall be armed and equipped in the same manner as similar to compose a corps in the army of the United States, and shall consist of the following officers, non-commissioned officers, and privates, viz: To each company of cavalry, one Captain, one First and two Second Lieutenants, four Sergeants, four Corporals, one saddler, one farrier, one trumpeter, and not less than forty nor more than eighty privates. To other companies, there shall be one Captain, one First and two Second Lieutenants, four Sergeants, four Corporals, one drummer, one fifer, and not less than forty nor more than eighty privates; excepting light batteries, who shall be allowed one hundred active members each, and such officers as are allowed in the United States service.

644. SEC. 20. Volunteer companies and battalions may Constitution, adopt a constitution and form by-laws, rules and regulations, By-laws. not inconsistent with the constitution of the United States, or of this state, for the government of their members and for their improvement in military science. It shall be the duty of the acting Orderly Sergeant of the company, and Sergeant Major of the battalion, to keep a perfect and complete record of the constitution, by-laws, rules, and regulations of his company or battalion, which shall be signed by the Captain or Commander, and countersigned by the Orderly Sergeant or Sergeant Major, and said record shall at all times be subject to the inspection of any member of the company or battalion, and all military officers or persons interested therein; and if any member of such volunteer company or battalion shall fail to comply with the provisions of such constitution, by-laws, rules, and regulations, he may be expelled from such company or battalion, and his name erased from its roll.

for arms.

645. SEC. 21. When any volunteer company shall be Application organized according to law, the commanding officer thereof may apply to the Commander-in-Chief, through the proper military authorities, for such arms and accoutrements, or stores, as may be required, such application being first submitted to the District Judge, and receiving his approval, which shall be indorsed thereon. If the Commander-in-Chief shall approve such appli- Bonds. eation, or any part thereof, he shall give an order, upon the back thereof, directing the issue by the Adjutant-General, who

Duty of

missioners in

aring.

Expenses,

how paid.

shall immediately notify the officer making such application, and the District Judge who approved it, that the arms and accoutrements, or stores, mentioned in such application, or any portion thereof, are ready for issue; and thereupon it shall be the duty of such officer to give such bonds and security as may be deemed requisite by the District Judge to secure the county from loss on account of use, or misapplication, of such arms or equipments, or other stores; and on due notification from such District Judge that such bonds have been given to his satisfaction, and on receiving triplicate receipts from such officer, the Adjutant-General shall make the issue. He shall file one copy of such receipts in his office, and transmit the other two, one to the Controller of State, and the other to the County Clerk of the county to which such volunteer company belongs.

646. SEC. 22. It shall be the duty of the Board of County County Com Commissioners of any county in which public arms, accoutrerelation to ments, or military stores are now had, or shall hereafter be care of public received for the use of any volunteer organized militia company, to provide a suitable and safe armory for organized militia companies within such county. The expenses of procuring and maintaining armories shall be paid out of the general fund of the county, to be paid by the County Treasurer on presentation of the Auditor's certificate that such allowance had been made Treasurer to by the Board of County Commissioners. The Treasurer shall require a receipt of the person presenting said certificate, which shall be received by the State Treasurer as so much money, and be so allowed in the settlement by the County Treasurer with the Controller and Treasurer of State.-As amended, Stats. 1871, 108.

require receipt.

Arms to be returned.

Arms subject

647. SEC. 23. The Commander-in-Chief shall have authority to demand and receive back from any county, or from any portion of the military force of this state, any arms, equipments, military stores, or other property, belonging to the state, which may be in possession of any such counties or military force; and when such arms, equipments, military stores, or other property, shall again come into the possession of the AdjutantGeneral, or other officer designated by the Governor to receive them from such counties, or military forces, to which they have been issued, as above provided, it shall be the duty of the Adjutant-General, or officer so appointed, to receipt for the same, which receipt shall be triplicate, one copy to be filed in the office of the County Clerk, one in the office of the AdjutantGeneral, and the third in the office of the Controller of State.

648. SEC. 24. All arms, equipments, and military stores, to inspection. issued as hereinbefore provided, shall at all times be subject to examination by the inspectors and ordnance officers of the state, and of any other officer designated by the Commanderin-Chief for that purpose; and if such officer shall find any of such public property out of repair, injured, or defective, he shall immediately notify the Board of County Commissioners of the facts, and report the same, through the proper channels, to the Commander-in-Chief, who, if the damage shall not be

repaired, and the defects or losses supplied within a reasonable time, shall order the same to be done under the direction of some officer, and the vouchers for the expense thereof shall be duly examined and audited by the State Board of Military Auditors, and paid, on the draft of the Controller of State, out of the military fund.

649. SEc. 25. It shall be the duty of the Controller of Duties of State to charge the value of all arms, equipments, and military Controller. stores, issued as above provided, to the counties, to the military companies, in which such public property, shall be issued; and all expenses of repairs of damage and defects, as provided in the foregoing section, and double the value of any arms, accoutrements, and military property, which such counties, or such military companies, shall have failed to return to the state, on the demand of the Governor. At the close of each fiscal year, he shall settle the account of each county with reference to such issues and military charges, and the amount so found due shall, on the requisition of the Controller of State, be assessed at the time of the next annual assessment as a part of the county taxes, and be collected in such county in the same manner as the ordinary taxes, and shall be paid into the state treasury as a part of the military fund of the state.

tion of arms.

650. SEC. 26. The transportation of all arms, equipments, Transporta and military stores, issued to troops, or received by the state, under the provisions of this Act, shall be contracted for, under the direction of the Commander-in-Chief, by the Adjutant-General, and the vouchers for such transportation, when audited by the State Board of Military Auditors, shall be paid from the military fund, on the warrant of the Controller.

to be issued.

651. SEC. 27. No public arms, equipments, or military when arms stores of any kind, shall hereafter be issued to any person not a member of the organized volunteer militia, or of the enrolled militia called into active service, except in time of war, insurrection, or public danger so imminent that the Commander-inChief shall consider that the public safety requires him to make such issue; in which case an accurate account shall be taken of such issues, and to whom they are made.

officers.

652. SEC. 28. Within ninety days from the passage of Bonds of this Act, each and every officer of volunteer companies now organized, having in his possession any arms, equipments, and military stores belonging to the state, shall give to the county in which he resides good and sufficient bonds, to be approved by the District Judge, to secure the county from loss on account of the use or misapplication of the same, and the officer so giving bonds to the county shall, together with his sureties, be released from his liabilities for the same property on any bond heretofore given by him and them to the state, and the same shall be charged, as herein before directed, to the said county; and after the expiration of the said ninety days, no person shall retain, or have in his possession at any time any arms, equipments, or military stores of any kind, belonging to the state,

Penalty for using state

arms.

To publish notice.

Regiment,

designated.

unless they have been properly issued to such person in pursuance of law, and he shall be permitted, by proper authority, to retain the same in the discharge of a public duty; and no person shall use any public arms, equipments, or military stores belonging to the state, for his private use, under penalty, in either of the above cases, of not less than five nor over fifty dollars, for each offense, to be recovered, in case of a member of the organized militia, or of the enrolled militia in active service, by sentence of a court-martial; or, in case of any other person, by suit, in the name of the State of Nevada, by the District or Prosecuting Attorney of the county, before any court of competent jurisdiction; and the money so recovered shall be paid into the treasury as a part of the military fund of the state.

633. SEC. 29. Any number of organized volunteer companies, not less than three nor more than eight, may form themselves into a volunteer battalion, by giving notice of such intention through their commanding officers, to the General of their brigade, who shall appoint some suitable officer to hold an election of the officers of such battalion; and the officers so appointed shall fix a time and place for such election, by giving ten days' notice thereof, by publication in some newspaper, or by posting notices in at least three public places in the county. Such election shall be by ballot, by a majority of the commissioned officers of the volunteer companies calling for the organization of the battalion. The officer so appointed to hold the election shall preside over and superintend such election, and as soon as it shall have been determined, he shall make out certificates of election to the officers so elected, and a certified account of the proceedings of said meeting, with a certifed copy of the notice of said meeting, all of which he shall transmit to the Brigadier-General of the brigade, who shall transmit them with a certified copy of the appointment of such officer to hold the election, to the Adjutant-General of the state, through the ordinary channels of military correspondence.

654. SEC. 30. A battalion of six companies shall be officers of and deemed a regiment, and shall elect one Colonel, one Lieutenant-Colonel, and one Major, and shall be designated as the First Regiment, Nevada National Guard.-As amended, Stats. 1883, 92.

Duties of

655. SEC. 31. It shall be the duty of each and every comcommanding manding officer of any volunteer company in this state, on or officers. before the last Mondays of March and September, of each year, to muster his company, and to male out, in triplicate, muster rolls, setting forth the name and number of the members of his company; the officers, in the order of their rank, and the privates, in alphabetical order, and stating at the foot of such muster roll a list of all arms, accoutrements, ordnance, and ordnance stores, and other property belonging to the state, in his possession; one of which muster rolls, duly certified, he shall transmit, through his commanding officer, to the AdjutantGeneral of the state; he shall file one in the office of the County

Clerk of his county, and he shall keep the other as a voucher for himself. If such company shall form a part of any organized battalion, or regiment, the commanding officer thereof shall transmit the same, with a muster roll of the field and staff officers of his regiment, or battalion, to the Adjutant-General of the state, through the proper channels of military correspondence.

date of com

636. SEC. 32. All commissioned officers of the organized to take rank volunteer regiments, battalions, and companies, shall take rank according to according to the date assigned them by their commissions, and missions. when two of the same grade be of the same date their rank shall be determined by length of service in the militia, and if of equal service, then by lot. Officers of organized volunteer regiments, battalions, and companies, shall in all cases be deemed of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of their commissions.

brigade,

General.

657. SEC. 33. It shall be the duty of each and every Duties of Brigadier-General to make from the assessment rolls received by Brigadierhim from the Clerks of the Boards of County Commissioners, and from the muster rolls received by him from the officers of companies, battalions, and regiments, as prescribed in this Act, on or before the first Monday in October of each year, two brigade muster rolls, one to be entitled "Muster roll of the organized militia of the division," and the other to be entitled "Muster roll of the enrolled militia of the brigade, -division," in the first of which he shall include the names of all the officers of his staff, and all the officers, non-commissioned officers, musicians, artificers, and privates of the organized volunteer regiments, battalions, and companies in his brigade, in the order of their organization; and in the second he shall include, in alphabetical order, the names of all other persons subject to military duty. The originals of these muster rolls, signed by the General of brigade, shall be filed in his office, and duly certified copies thereof shall be furnished by him to the General of his respective division, and to the Adjutant-General of the state.

eral.

658. SEC. 34. And it shall be the duty of each and every Duties of Major-General of division, on or before the fourth Monday of Major-GenOctober of each year, to make from the rolls received by him from the Brigadier-Generals of his division, two muster rolls, one to be entitled Muster roll of the organized militia of the - division," and the other to be entitled "Muster roll of the enrolled militia of division;" the first to be made up of the names of the officers of the division, staff, and the muster rolls of the organized militia of the brigades of his division, according to their organization, and the other to be made up of the muster rolls of the enrolled militia of these brigades, as provided in the foregoing section. The originals of these muster rolls, signed by the Major-General, shall be filed in his office, and duly certified copies thereof shall be transmitted to the Adjutant-General of the state.

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