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Dismissed from service.

Election.

commission in the military service of the state, except the sentence be remitted by the Commander-in-Chief.

690. Sec. 66. No non-commissioned officer, artificer, musician, or private, expelled from his company, or dismissed from service, for any disgraceful cause, shall be permitted to again enter any volunteer company, except the offense be par

doned by the Commander-in-Chief. Granting 691. Sec. 67. No officer, inferior in grade to a regimental discharges.

or battalion commander, shall have power to grant discharges to non-commissioned officers, artificers, musicians, or privates, in active service; but commanders of companies of the organized militia, when not in active service, may issue certificates of service and discharges. All discharges shall be in writing, and shall set forth fully the cause of discharge, and shall be

signed by the officer granting the same. Resignation. 692. Sec. 68. Any officer resigning his commission, shall

do so in writing, and transmit the same through his immediate commanding officer, who will make his indorsements thereon ; and the resignation shall go into effect when accepted by the Commander-in-Chief, and not before. Vacancies of commissioned officers of organized companies and battalions (not in active service) caused by resignation, death, dismissals, or removals, or by the expiration of the term fixed by the rules and regulations of such company or battalion, or by any other cause, shall be filled by election, in accordance with the provisions of this Act. Such'elections of company officers shull be presided over by an officer appointed for that purpose by the BrigadierGeneral, and of field officers, by an officer appointed by the Major-General; and such presiding officer shall report the result of such election to the officer appointing him, which report shall be transmitted to the Commander-in-Chief, who shall issue commissions in accordance therewith; provided, however, that when the same officer shall be elected no new commission shall be issued, but the officer so re-elected shall continue to hold under his original commission.

693. Sec. 69. The commission of any staff officer whose term of office depends upon the pleasure of the officer by whom he is appointed, shall, when such officer is not in active service, be considered as vacated upon the qualification of his successor, and shall be so noted upon the proper books, or rolls, kept in

the office of the Adjutant-General of the state. May disband 694. Sec. 70. The Commander-in-Chief is authorized at

any time, by issuing his orders to that effect, to disband any portion of the organized volunteer forces, or of the enrolled militia niustered into service, which may evince a mutinous, disorderly, or disobedient spirit, and to deprive them of arms; a copy of which order shall be transmitted to the Clerk of the district court or courts of the county or counties in which such force was raised ; after which it shall be a misdemeanor in any person so disbanded, to appear with state arms in his possession, or as any portion of the organized volunteer militia, or

Proviso.

Commissions vacated.

any portion of the militia.

of the enrolled militia, in active service, until again drafted or regularly mustered into service, under the penalty of not less than ten nor more than one hundred dollars for each offense ; and such person shall be proceeded against by the District or Prosecuting Attorney in the name of the State of Nevada, before any competent court of the county where such person may happen to be ; and all fines so recovered or collected shall be paid into the treasury as a part of the military funds.

693. Sec. 71. Every company, battalion, or regiment of Uniform. organized militia of this state may adopt a uniform for itself, subject, however, to the approval of the Commander-in-Chief, on inspection and report by the proper officer.-es amended, Stats. 1871, 103.

696. Sec. 72. The uniform of all general officers, and Same. members of their staff, and all other officers not required to wear the distinctive uniform of their regiment or corps, shall be similar to that of the corresponding grades and corps in the United States arnıy, with such modifications as may be directed by the Commander-in-Chief for adapting it to state troops.

697. Sec. 73. The systems of instruction in tactics, pre-Tactics. scribed for the different arms and corps in the United States army, shall be followed in the military instruction and practice of the militia of this state, and the use of any other system is forbidden.

698. Sec. 74. The commanding officer of every organized To furnish company shall, during the months of June and December of vitli list of each year, furnish the County Clerk of his county with a list of members. the names of the bona fide members of his company, who attend regularly to appropriate duty. He shall, also, at the end of each year's service of any member of his company, who has performed duty in accordance with the regulations and by-laws of such company, during the year, issue to such member a certificate to that effect; and if such commander of a company shall make a false list of the members of his company, who have done duty as aforesaid, or a false certificate of service, he shall, on conviction by a court-martial, be cashiered from service, and shall, moreover, be subject to a fine of not less than fifty nor over five hundred dollars, to be sued for and recovered in the name of the State of Nevada, by the District or Prosecuting Attorneys of the county of his residence, in any court of competent jurisdiction, and be paid into the treasury as a part of the militury fund of the state.

699. Sec. 75. The President of any general court-martial, Relative to assembled in pursuance of the provisions of this Act, may male 1! a requisition upon the Sheriff of the county in which the session is held, for a Deputy Sheriff

' to attend upon such court as Provost Varshal; and such Deputy Sheriff shall receive for his attendance the same pay and fees, and be subject to the same responsibility, as when attending upon the sessions of a district court; and the President of any regimental, battalion, or com

courts-mar

Bands of music.

Drafting for service.

pany court-martial, may make a requisition upon any Constable of the county to act as Provost Marshal of such court; and such Constable shall receive the same pay and fees as in a justice's court; and the puy and fees of such Deputy Sheriff or Constable shall be paid on the certificate of the Judge Advocate and warrant of the Controller of State, by the State Treasurer, from the general fund, such account being first audited by the Board of Military Auditors.

700. Sec. 76. When bands of music shall not have been organized for any regiment, battalion, or isolated company, in the manner provided in the regulations of the army of the United States, it shall be lawful for such regiment, battalion, or isolated company, through its commanding officer, to hire the services of any bund of musicians, at their own expense, or if on duty for the state, at the state's expense; and the persons so employed shall, during the time of their engagement, be subject to the same laws and regulations that govern the military body with which they may serve.

101. Sec. 77. When any person drafted for service shall offer, ut or after the time of rendezvous, a suitable substitute, of the age of twenty-one years, and such substitute shall consent in writing to subject himself to all the duties, fines, forfeitures, and punishments to which his principal would have been subject had he personally served, he shall be accepted by the officer making such draft; and the same rule shall app) to substitutes offered by members of organized volunteer ; mpanies called into active service, the commanding officer of such company being the judge of the suitableness of the substitute offered ; and the person whose substitute shall be so accepted shall be exempted from draft during the term of service of his substitute.

702. Sec. 78. No action shall be maintained against any member of a court-martial, or officer, or agent acting under his authority, on account of the imposition of a fine or the execution of a sentence on a person not liable to military duty, if such person shall have been duly summoned and shall have neglected to appeur and show his exemption before the court.

703. Sec. 79. Courts of inquiry may be ordered by the Commander-in-Chief, or by any Vajor-General or BrigadierGeneral ; such courts of inquiry shall be governed by the same rules as similar courts in the l'nited States army, and they shall have the same power to preserve order, punish contempts, and compel the attendance of witnesses as courts-martial have.

704. Sec 80. For all services under this Act, Sheriff's, Constables, and Jailers shall receive like fees as for similar services in other cases, and shall be subject to the same penalties for any neglect of duty.

705. Sec. 81. The Adjutant-General shall have a seal of office, to be approved by the Commander-in-Chief, and all copies of records or papers in his office, duly certified and authenticated under the said seal, shall be in evidence in all cases in like manner as if the originals were produced.

Members of courtsnartial exempt.

Courts of inquiry.

Fees.

Seal.

struct highways.

insulting offiror

706. Sec. 82. On the days of military parade, appointed Hours of by the Commander-in-Chief, tlie militia so called out and doing military duty militury duty shall be considered to be under military discipline fron the rising to the setting of the sun ; and no officer, noncommissioned officer, musician, artificer, or private, belonging to the same during the time aforesaid, shall be subject to be arrested on any civil process.

707. Sec. 83. The commanding officer of any parade, Not tooh. review, or drill, and the officer in charge of any rendezvous, may cause the grounds selected for that purpose to be marked or designated in such a manner as not to obstruct the passage of travelers on any public highway; and if any person during the occupation of such ground for such militury purpose shall encroach upon such bounds, and enter upon such ground, without the permission of such officer commanding or in charge, he may be put and kept under guard by the order of such comman r, until the setting of the sun of the same day, and, nuoreuver, shall be subject to arrest and punishment by any court of competent jurisdiction for a breach of the peace.

708. Sec. 81. If any person shall intercept, molest, or Penalty for insult, by abusive words or behavior, any officer, non-commissiori officer, or soldier, while in the performance of his soldier. miliar wu he shall be immediately it under guard, and kept at the disı rution of the col'i janding officer of the forces engaged in the performance of such litary duty, until the setting of the sun of the same day on which the offense shall have been committed ; and, moreover, shall be subject to arrest and punishment by any court of competent jurisdiction for a breach of the peace.

709. SEC. 85. Any officer, non-commissioned officer, or Disobeying soldier, on military duty, who shall disobey the legal orders of orders. his superior, se any reproachful or abusive language to his superior, or misbehave or demean himself in an unofficer or unsoldier-lihe manner, shall be immediately arrested if an officer, and if a non-commissioned officer or soldier, shall be disurmed and put under guard, and shall be tried and punished by a court-martial, according to law and military usage.

710. Sec. 86. In case of parades, reviews, inspections, or to organize musters, of the troops of any brigade, any compuies not organ-temporarily. ized int battalions shall be temporarily organized into a battalion or the duties of the day; and the battalion so temporarily organized shall be commanded by the officer senior in rank of the companies composing it. It shall be optional with uny suc. unattached companies to attach themselves for the day to any organized battalion or battalions, or to organize a temporary battalion ; but no such temporary battulion shall be organized of less than three companies, if there be any organized battalion or battalions present on duty to which they may attich thenıselves without exceeding the complement fixed by this Act.

If such unattached companies shall not attach or raganize themselves in accordance with the provisions of this

section, the officer commanding the brigade for the day shall

order such assignment or organization. Exempt from

711. Sec. 87. Horses and equipments of officers of mounted execution.

companies, and all company property of uniformed companies,

organized under this Act, shall be exempt from execution. Acts repealed. 712. Sec. 88. An Act passed by the legislative assembly

of the territory of Nevada, entitled “An Act in relation to the militin of the territory of Nevada,” approved November twentyeighth, one thousand eight hundred and sixty-one, and all other Acts or parts of Acts of the territory of Nevada, relating to the militia, are hereby repealed.

For enlistments, bounties, and extra pay of volunteers called into

the service of the United States, see Stats. 1865, 359.

An Act amendatory of and supplementary to an Act entitled " An

Act to provide for organizing and disciplining the militia of
the state," approved March fourth, eighteen hundred and sixty-
five.

Approved March 1, 1883, 91.
Section 1 amends section 17 of the foregoing Act and is incorpo-

rated therein.

Er-officio

disband.

713. SECTION 2. The Lieutenant-Governor is hereby made Geueral, who. ex-officio Adjutant-General, and shall perform the duties re

quired by law. Companies to 714. Sec. 3. Within sixty days after the passage of this

Act, all military companies in this state, in any county where two or more companies exist, shall disband and turn over to the Adjutant-General all arms, ordnance, stores, and other property belonging to the state, and all books and papers pertaining to said companies as hereinafter provided ; prorided, that any company in any county in this state may disband, and

that in any county having two or more companies, the ComCommander. mander-in-Chief and his staff shall determine which company

shall retain its organization and receive state support ; and, pro

vided further, that in any county in this state having a populaNumber of

tion of twelve thousand or more, as shown by the census of eighteen hundred and eighty, two infantry companies and one

artillery company shall not be disbanded. Adjutant. 713. Sec. 4. Within thirty days after the passage of this

Act the Adjutant-General shall Oficially notify all military companies of the provisions of this Act. He shüll also inform the Bourds of County Commissioners and County Treasurer in each county where two or more companies exist, of the names of the companies, and that state support will be extended to one company only in said county, except as otherwise provided in this Act. He shall, on the disbandment of military companies

n-Chief and staff, duties of.

companies in certain cases.

General, duties of

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