Page images
PDF
EPUB

Bands of music.

Drafting for scrvice.

Members of courts-martial exempt.

Courts of inquiry.

Fees.

Seal.

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 pay 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 band 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.

701. Sec. 77. When any person drafted for service shall offer, at 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 appl 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 appear and show his exemption before the court. 703. SEC. 79. Courts of inquiry may be ordered by the Commander-in-Chief, or by any Major-General or BrigadierGeneral; such courts of inquiry shall be governed by the same rules as similar courts in the United 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.

703. 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.

706. SEC. 82. On the days of military parade, appointed Hours of by the Commander-in-Chief, the militia so called out and doing military duty military duty shall be considered to be under military discipline from 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.

struct high

707. SEC. 83. The commanding officer of any parade, Not to ob review, or drill, and the officer in charge of any rendezvous, ways. 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 military 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 command r, until the setting of the sun of the same day, and, moreover, shall be subject to arrest and punishment by any court of competent jurisdiction for a breach of the peace.

officer or

708. SEC. 84. If any person shall intercept, molest, or Penalty for insult, by abusive words or behavior, any officer, non-commis- insulting sion ficer, or soldier, while in the performance of his soldier. militar du he shall be immediately under guard, and kept at the discretion of the commanding 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-like manner, shall be immediately arrested if an officer, and if a non-commissioned officer or soldier, shall be disarmed 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 companies not organ- temporarily. battalions shall be temporarily organized into a

ized int

battalion

any suc

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 unattached companies to attach themselves for the day to any organized battalion or battalions, or to organize a temporary battalion; but no such temporary battalion shall be organized of less than three companies, if there be any organized battalion or battalions present on duty to which they may attach themselves without exceeding the complement fixed by If such unattached companies shall not attach or ganize themselves in accordance with the provisions of this

this Act.

Exempt from execution.

Acts repealed.

section, the officer commanding the brigade for the day shall order such assignment or organization.

711. SEC. 87. Horses and equipments of officers of mounted companies, and all company property of uniformed companies, organized under this Act, shall be exempt from execution.

712. SEC. 88. An Act passed by the legislative assembly of the territory of Nevada, entitled "An Act in relation to the militia 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.

Ex-officio

Adjutant

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 sixtyfive.

Approved March 1, 1883, 91.

Section 1 amends section 17 of the foregoing Act and is incorporated therein.

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

Companies to disband.

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; provided, 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, provided further, that in any county in this state having a populaNumber of tion of twelve thousand or more, as shown by the census of certain cases. eighteen hundred and eighty, two infantry companies and one artillery company shall not be disbanded.

n-Chief and staff, duties of.

companies in

Adjutant

General,

duties of.

715. 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 shall also inform the Boards 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

under the provisions of this Act, officially inform the State Controller of the legally organized companies, if any, in any county of this state.

state

716. SEC. 5. The commanding officer of the company so To turn over disbanded shall notify the Adjutant-General of the company's property. readiness to turn over the state property in the company's possession, and the Adjutant-General shall receipt to said officer for the property thus received.

cared for.

717. SEC. 6. All arms, ordnance, ordnance stores and State propother state property returned under the provisions of this Act erty, how shall be cared for as now provided by law for state property of this character.

Section 7 amends section 30 of the foregoing Act, and is incorpo-
rated therein.

CHAPTER VI.

DOMESTIC ANIMALS.

SECTION.

718. Concerning estray animals.

729. Concerning unlawful and trespassing stock.

741. To prevent trespassing of animals.

744. To prevent swine and goats from running at large at certain seasons.

747. To prevent swine from running at large.

751. To prevent swine, sheep, and goats from running at large in towns

and cities.

755. To prevent the driving of stock from ranges.

757. To regulate marks and brands.

An Act concerning estray animals.

Approved November 8, 1861, 22.

Justice.

718. SECTION 1. Every person finding any stray horse, Estrays to be mare, colt, jack, or jenny, or any neat-foot animal, or any num-reported to a ber of these animals, upon his farm or premises, or upon the public highway or domain, and shall take the same up for keeping, shall, within ten days, if said animal or animals remain on his farm or premises, or keeping, go before some Justice of the Peace of his township, and give, under oath, a full description of the marks and brands, color, and kind of such animal or animals, also the time, and all necessary information that will lead to the cause of the said animal or animals coming into his

Notice.

keeping, that may have come to his knowledge, and the marks and brands have not been altered since they came to his farm or premises; provided, no animal shall be considered an estray if the owner is known to the person finding it. At the time the taker up appears before the Justice, as aforesaid, the Justice Appraisers. shall, without delay, appoint two disinterested appraisers, who are resident householders of the county, to appraise and describe such animal or animals, and cause a notice of such estray or estrays, with a full description of the same, giving the brands, marks, and colors thereon, to be published once a week for two consecutive months, in a newspaper published at the county seat of the county in which the animal or animals may be taken up, and if there be no newspaper published at the county seat, then the said notice shall be published in the newspaper nearest to the same. The said Justice shall also cause three notices to be posted of such estrays, in conspicuous places, one of which shall be the Justice's office, and the others the vicinity of the place where the estray animal or animals may have been taken up. For refusing or neglecting to comply with the provisions of this section of this Act, Justices of the Peace shall be deemed guilty of misdemeanor in office, and the taker up of such estray or estrays shall be deemed guilty of grand or petit larceny, according to the value of the estray animal or animals taken up, and, on conviction thereof, shall be punished as is provided in the law of the State of Nevada entitled "An Act concerning crimes and punishments."-As amended, Stats. 1877, 90.

Penalty.

Duty of

County

Clerk.

719. SEc. 2. It shall be the duty of the said Justice to Justice and record the description, together with full information given by the taker up, and the Justice shall, within ten days, if the estray animal or animals is or are not before proved by their proper owner, transmit a full transcript to the County Recorder of his county, and the said Recorder shall record the same in his estray book; said book shall be subject to examination by all persons making application to the Recorder, and also the estray book of the Justice of the Peace; and every person claiming and proving said estray animal or animals that has or Restitution. have been posted by this Act, shall have restitution of the property so claimed, by paying all costs and such charges as may be awarded to the taker up by the Justice of the Peace of his county.

Penalty for neglect.

Estrays not to be used.

720. SEC. 3. Any person knowing of any horse, mare, colt, mule, jack, or jenny, or any number of neat cattle, or any number of these animals, running at large on his farm or premises, and not nowing the proper owner, who refuses or neglects to comply with the requisitions of the foregoing section, shall be subject to a fine not exceeding the value of the stock so neglected to be posted, recoverable before any court having jurisdiction of the same.

721. SEC. 4. No person shall be allowed or permitted to use, or cause to be used, to profit or otherwise, any animal within his charge or keeping, under the foregoing provisions of this Act; and any person failing or refusing to comply with

« PreviousContinue »