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Costs not payable by county.

Fees of witnesses and jurors, and how paid.

Penalties of persons aiding runaways.

Penalties for concealing

runaways.

Relative to liability of guardians.

investigation the said jury shall be of opinion that said master or mistress should be discharged from his or her covenants, they shall certify the same in writing to said Justice, who shall enter the same upon his docket, and thereupon the said indenture shall be void. But no judgment for costs shall be entered against any Board of County Commissioners, nor against any parent, guardian, trustee or friend of said minor, but the said costs (except for the witnesses for the minor) shall be paid by the master or mistress.

623. SEC. 13. The jurors and witnesses summoned and attending under the provisions of this Act shall be allowed two dollars per day, and the Justices and Constables such compensation as is allowed by law for similar services.

624. SEC. 14. Every person who shall counsel, persuade, entice, aid or assist any minor or apprentice, clerk or servant, as provided for in this Act, to run away, or absent himself or herself from the service of his or her muster or mistress, shall forfeit and pay a sum not exceeding two hundred dollars, to be sued for and recovered by action of debt, with costs, by such master or mistress, before any Justice of the Peace having jurisdiction thereof.

623. SEC. 15. Every person who shall harbor or conceal any minor, apprentice, clerk or servant, as provided in this Act, knowing such apprentice, clerk or servant to have run away, shall forfeit and pay to such master or mistress a sum not to exceed two hundred dollars, damages to be recovered in an action on the case before any court having competent jurisdiction thereof.

626. SEC. 16. No Board of County Commissioners, nor any parent, guardian, trustee or friend of any minor or apprentice, clerk or servant, provided for by this Act, shall be liable, upon any covenant contained in any indenture or covenant of service, unless the same shall contain an express covenant therein that the said Commissioners, parent, guardian, trustee or friend of such minor is made individually liable.

said master T covenants, e, who shall said indenl be entered against any out the said

1 be paid by

SECTION.

CHAPTER V.

MILITARY AFFAIRS.

moned and allowed two such com

el, persuade,

or servant, t himself or stress, shall ollars, to be sts, by such having juris

r or conceal

in this Act,

e run away, sum not to overed in an petent juris

sioners, nor Or or apprenill be liable, covenant of

ess covenant dian, trustee

627. Providing for the organization and discipline of the militia.
713. Amendatory and supplemental to preceding Act.

An Act to provide for organizing and disciplining the militia of

the state.

Approved March 4, 1865, 189.

Adjutant

General,

627. SECTION 1. The Governor, as Commander-in-Chief To issue of the militia of the state, shall issue commissions to all officers commissio appointed or elected under the provisions of this Act; the military staff of the Commander-in-Chief shall consist of one Adju- General, tant-General, with the rank of Brigadier-General; three Commissa Aids-de-Camp, with the rank of Lieutenant-Colonel; one Chief Quarterma Engineer, one Paymaster-General, one Judge Advocate-Gen-sector eral, and one Surgeon-General, each with the rank of Colonel. General, 628. SEC. 2. The Secretary of State shall be ex-officio Ordnance. Adjutant-General, Commissary-General, Quartermaster-General, Inspector-General, and Chief of Ordnance.-As amended, Stats. 1866, 206.

Lieutenant-Governor, Adjutant-General, Stats. 1883, 41.

Chief of

ments.

629. SEC. 3. Other officers of the general staff, and all Appointother officers of the staff of the Commander-in-Chief, shall be appointed by the Governor, and shall continue in office for the same term as the Governor, or at his pleasure, except as hereinafter provided for officers called into the service of the United States.

ther.

630. SEC. 4. There shall also be appointed by the Com- Appointmander-in-Chief, by and with the advice and consent of the ments, fur senate, one Major-General to each division, and one BrigadierGeneral to each brigade, who shall hold their offices for the term of four years, and until their successors are appointed and qualified, except as hereinafter otherwise provided.

631. SEC. 5. The staff of each Major-General of Division Staff office shall consist of one Assistant Adjutant-General, with the rank of Lieutenant-Colonel; two Aids-de-Camp, with the rank of Major; one Engineer officer, one Ordnance officer, one Quartermaster, one Commissary, one Paymaster, one Division Inspector, one Judge Advocate, and one Surgeon, with the rank of LieutenantColonel; and four Staff Orderlies, with the rank of SergeantMajor. The staff of the Adjutant-General shall consist of one Aid-de-Camp, with the rank of Captain. The staff of each

[graphic]

167

Other staff

officers, how appointed.

Officers to be commis

Governor.

Oath.

General of Brigade shall consist of one Assistant Adjuta General, with the rank of Major; one Aid-de-Camp, with rank of Captain; one Engineer officer, one Ordnance offic one Quartermaster, one Commissary, one Paymaster, one Br ade Inspector, one Judge Advocate, and one Surgeon, with rank of Major; and two Staff Orderlies, with the rank Sergeant-Major. The staff of a Colonel of a regiment, a Lie tenant-Colonel, or a Major commanding a battalion, as here after provided, shall consist of one Adjutant and one Assist: Surgeon, each with the rank of First Lieutenant, and o Sergeant-Major, to be appointed by such commanding offic the Adjutant being selected from the line as in the Unit States army.

632. SEC. 6. The Generals of Division and Brigade, al the Adjutant-General, shall appoint the officers of their respec ive staffs; but those appointed by Generals of Division an Brigade must be residents of their respective divisions an brigades. Any officer of a regiment, battalion, or compan receiving and accepting any staff appointment, except that Adjutant, shall be considered as ipse facto resigning his con mission in such regiment, battalion, or company. All su staff officers will continue to hold their office until their succe sors shall have been appointed and commissioned, except herein otherwise provided for the troops called into active servic

633. SEC. 7. All military officers, appointed or electe sioned by the under the laws of this state, shall be commissioned by th Governor, and each commission shall be countersigned by th Secretary of State, as such, and attested by the same officer a ex-officio Adjutant-General of the state, and the officer s commissioned shall take the oath of office prescribed by th constitution before some officer authorized by law to administe oaths, a copy of which oath shall be indorsed on each commis sion, and a certified copy of the same shall be made out by th officer administering it, and delivered to the officer taking it and by him transmitted to the Adjutant-General, and the com mission shall be deemed as taking effect on the day of the indorsement and transmission of the certificate of the oath, as herein provided. In case of promotion, the oath need not be renewed, and the commission shall take effect from its date Commissions shall run at the pleasure of the Commander-inChief, except as herein otherwise provided. No fees shall be charged for issuing commissions under this Act to any officer of the militia of this State.-As amended, Stats. 1867, 104.

Oath not renewed.

When fees not to be charged.

Duty of Adju

634. SEC. 8. It shall be the duty of the Adjutant-General tant-General. to take charge of, and to carefully guard and preserve, and to account for all arms, accoutrements, ammunition, ordnance stores, and other military property, belonging to this state, or granted to it by the Congress of the United States. He shall visit annually the several military divisions, as hereafter enumerated in the provisions of this Act, for the purpose of inspecting and reviewing the troops of said divisions; a report of which shall be made in full to the Governor of the state. He shall keep

and file in his office all returns, reports, and military cor- Same. respondence made by him in accordance with the provisions of this Act. He shall also keep an account of all moneys received and expended by him. The manner of keeping these accounts and papers, when not otherwise provided by law, shall be directed by the Commander-in-Chief, and they shall be always subject to his inspection. He shall, on or before the second Monday in December of each year, make to the Governor, to be by him laid before the legislature, a report of all the transactions of his department since his last annual report, containing: First-An account of all moneys received and expended. Second-An account of all arms, accoutrements, ammunition, ordnance stores, and military property of every description, belonging to the state, from what source received, to whom issued, or how expended, and by whose order. Third-A statement of the present condition of all such property under his charge, and if any such property shall not be under his charge, he shall state in whose possession the same may be. Fourth-The number, strength, and condition of the organized militia, and the strength of the enrolled militia of the state. He shall also make and transmit an annual return of the militia of this state, pursuant to the requirements of the Act of Congress of March second, eighteen hundred and three, to the President of the United States, a copy of which, duly certified, he shall lay before the Commander-in-Chief of this state. shall also perform all other duties ar pertaining to his office, or which may be enjoined on him by law. He shall be the medium of military correspondence with the Commander-in-Chief.

He

635. SEC. 9. Before entering upon the duties of his office, Bond of Adjuhe shall give bonds to the people of the State of Nevada, with tant-General. good and sufficient sureties, to be approved by the Governor, in the sum of twenty-five thousand dollars, conditioned that he shall faithfully perform all the duties enjoined on him by law. If at any time the Governor shall deem the sureties so given to be insufficient, he shall require the Adjutant-General to give new sureties, to be approved by him; and if the AdjutantGeneral shall refuse or neglect to do so, the Governor shall sus-Suspension. pend him from office, and immediately report his proceedings to the senate, if the legislature be in session, and if not, then at the beginning of the next session; and if the senate approve such suspension, it shall be regarded as a removal from office; but if the senate disapprove of the suspension, the AdjutantGeneral shall resume the duties of his office. During the time of his suspension from office, he shall receive no portion of his salary, but if such suspension is disapproved he shall receive his back pay.

636. SEC. 10. During the suspension of the Adjutant-Governor to General from office, or his absence, or inability, from any cause appoint. to perform his duties, the Governor may appoint some competent person to perform the duties of Adjutant-General ad interim.

637. SEC. 11. On the expiration of his term of office, the

State property

Who subject

to military duty.

Who exempt.

Duties of the
Adjutant-
General.

District

of.

Adjutant-General, or the person performing his duties ad interim, will turn over to his successor, in good order, all arms, ordnance, ordnance stores, and other property belonging to the state, and all the books, papers, bonds, and money in his charge, and pertaining to his office.

638. SEC. 12. Every free able-bodied white male inhabitant of this state, between the ages of eighteen and forty years, not exempt by law, shall be subject to military duty, and shall be organized and enrolled as hereinafter directed.

639. SEC. 13. The following persons are exempted from military duty and enrollment: All ministers of religion, having a license or written evidence, according to the rules of their particular persuasion or organization, that they are such ministers; all civil and military officers of the United States; all officers of foreign governments; all civil officers (including members of the legislature) of the State of Nevada; all persons who have been wounded in the service of the state, or of the United States, and all persons exempted from military duty by the laws of the United States.

Sections 14 and 15 repealed, Stats. 1879, 66.

640. SEC. 16. In making his returns to the AdjutantGeneral of the United States army of the enrolled militia of Nevada, the Adjutant-General of this state is hereby authorized and directed to compile and report, as the enrolled militia of Nevada ninety per cent. of the voters voting at the last general election, as shown by the report of the State Board of Canvassers.--As amended, Stats. 1879, 66.

641. SEC. 17. Whenever a sufficient number of persons, Judge, duty by the provisions of this Act, citizens of any county of this state, subject to military duty, shall subscribe to a call for the organization of a volunteer company, the District Judge of said county, upon due application of the persons who have subscribed as above, shall appoint some suitable person, resident of the county, to open a book, in which he shall enter the names of the persons so volunteering, and shall fix a time and place of meeting, for the purpose of organization, by giving Publication. ten days' notice thereof, by publication in some newspaper, or by posting notices in at least three public places in the county; provided, that after sixty days after the passage of this Act, One military only one military company in each county of this state shall company in receive state support, except as hereinafter provided, which supMonthly ar- port, for armory rent or other purposes, shall not exceed the

Book to be opened for volunteers.

each county.

mory rent.

District

sum of seventy-five dollars per month for each company; and provided further, that in any county where one military comhibited from. pany exists, the District Judge shall not receive applications to organize another.-As amended, Stats. 1883, 91.

Judge pro

Presiding officer.

642. SEC. 18. The person so appointed shall preside at said meeting, and organize the same; he shall superintend the election of the officers of said company, which election shall be by ballot, and shall require a majority of all the votes of the

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