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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.
643. Sec. 19. The volunteer or independent companies hat number shall be armed and equipped in the sime 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 snddler, one farrier, one trumpeter, and not less than forty nor more than eighty privates. To other companies, there shill 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, 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 suid 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.
645. Sec. 21. When any volunteer company shall be application organized according to law, the commanding officer thereof may apply to the Communder-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 shull be indorsed thereon. If the Commander-in-Chief shall approve such appli- Bonds. cation, or any part thereof, he shall give an order, upon the back thereof, directing the issue by the Adjutant-General, who
relation to care of public arme.
shall immediately notify the officer maling 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 otficer 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. Duty of
646. Sec. 22. It shall be the duty of the Board of County Count: Coming Commissioners of any coụnty in which public armis, accoutre
ments, or military stores are now had, or shall hereafter be received for the use of any volunteer organized militia company,
to provide a suitable and safe armory for organized militia comExpenses, panies within such county. The expenses of procuring und how paid. 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 suid 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.-- Asam
mended, Slals. 1871, 108.
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 muy 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 Adjutant
General, and the third in the office of the Controller of State. Arms subject 648. SEC. 21. 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
Arms to be returned.
tion of arms.
repaired, and the defects or losses supplied within a reasonable time, shrill 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 State to charge the value of all arms, equipments, and military 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 delcand 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.
650. Sec. 26. The transportation of all arms, equipments, Transportaand 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.
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 įssues, and to whom they are made.
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 arnis, 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 hereinbefore 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,
to be issued. relation to
shall immediately notify the officer mal
the county to which such volunteer Duty of 646. SEC. 22. It shall be there Counts Coming Commissioners of any coụnty in 1.
ments, or military stores are no: care of public
received for the use of any volunt,
to provide a suitable and safe ar Expenses, panies within such county. T how paid. maintaining armories shall be
1 the county, to be paid by the ci
of the Auditor's certificate that
shall be received by the Stat
ity to demand and receive
eneral, and the Arms en 548. Se
eep the other as a voucher time, shame
form a part of any organsome officer,
commanding officer thereof duly exam
ster roll of the field and staff Auditors
lion, to the Adjutant-General
channels of military corre-
stoned officers of the organized to take rank stone
nd companies, shall take rank uecording to bem by their commissions, and missions. be of the sume date their rank
of service in the militia, and if
Officers of organized volunteer companies, shall in all cases be
thicers of the enrolled militia of the the date of their commissions. Ell be the duty of each and every Duties of Erom the assessment rolls received by Brigadier
e Bourds of County Commissioners, the received by him from the officers of id regiments, as prescribed in this Act, Monday in October of each year, two ue to be entitled “Muster roll of the le - brigade,
brigade, — division," and the vaster roll of the enrolled militia of the vision," in the first of which he shall of all the officers of his staff, and all the sioned officers, musicians, artificers, and unized volunteer regiments, battalions, and brigade, in the order of their organization ;
he shall include, in alphabetical order, the her persons subject to military duty. The muster rolls, signed by the General of brigade, in his office, and duly certified copies thereof thed by him to the General of his respective
the Adjutant-General of the state.
34. And it shall be the duty of each and every Duties of ml of division, on or before the fourth Monday of Major-Genench year, to make from the rolls received by him Srigadier-Generals of his division, two muster rolls, entitled “Muster roll of the organized militia of the sion," and the other to be entitled "Muster roll of the militia of - division;" the first to be made up of les of the officers of the division, staff, and the muster