brigade or division, will be deemed to have resigned his commission, and any Major-General or Brigadier-General who shall absent himself from the state for more than three months, without the permission of the Commander-in-Chief shall be deemed to have resigned his office. 672. SEC. 48. Whenever any of the militia of this state Pay of militis shall be called into active service for the space of more than one week, they shall receive the same pay and allowance as United States troops serving in Nevada. Any General or field officer being called into active service, such call shall be deemed. to include all the officers of their respective staff. In case a division, or part of a division, is called into active service, the Commander-in-Chief shall be authorized to put upon active service one of his Aids-de-Camp, and in case more than one division shall be called into active service, one more Aid for each additional division which shall be so called into active service. arins. 673. SEC. 49. When the Commander-in-Chief shall order Return of the return to the state of any arms, equipments, military stores, or other military property, belonging to the state, such arms and military property shall be immediately delivered to the officer authorized in such order to receive it, he receipting for the same, and describing their condition in such receipts; and if the property mentioned in such order shall not be promptly delivered as directed, the officer named in such order is hereby authorized to take immediate possession of the same, in the name of the State of Nevada; and any person resisting such officer in the performance of his duty, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not more than six months in the county jail, and shall be subject to a fine not exceeding five hundred dollars, to be recovered by an action brought by the District or Prosecuting Attorney, in the name of the State of Nevada, and be paid into the treasury as a part of the military fund. Auditors. 674. SEC. 50. The Commander-in-Chief, Adjutant-Gen-Military eral, and the Controller of State shall constitute a State Board of Military Auditors. The Commander-in-Chief shall be President, and the Adjutant-General shall be Secretary of said board.. 675. SEC. 51. The Board of Military Auditors shall have Seal. a seal, an impression of which shall be deposited by the Secretary of the board in the office of the State Treasurer, and be attached to all orders drawn upon the general or military fund. 676. SEC. 52. No money shall be paid out of the general How money or military fund of this state, by the State Treasurer, upon the to be drawn. order of the Board of Military Auditors, except as provided in the foregoing section of this Act; said order shall specify on its face the objects for which such money is paid, and to whom, and the amount duly entered in a book to be kept by the Secretary of said Board of Military Auditors. 677. SEC. 53. It shall be the duty of said Board of Military Duty of Auditors to audit and pay all reasonable expenses incurred by volunteer companies in the service of this state, and officers attached to the same, and all other claims required under the provisions of this Act; and the Treasurer of State is hereby required to pay the same out of any moneys in the general or military fund not otherwise appropriated. No company shall be deemed in the service of the state, so as to be entitled to the benefit of this section, unless the same has been called out in accordance with the provisions of section thirty-nine of this Act. 678. SEC. 54. The Secretary of State shall, under the State to keep direction of the Governor, prepare and keep in his charge all blank military commissions. He will issue, from time to time, to the Adjutant-General, such blank commissions as he may require for use, charging him with the same. Secretary of blank commissions. To comply with Act. brigades. 679. SEC. 55. All volunteer companies, battalions, and regiments, organized prior to the passage of this Act, shall be deemed to have been organized in compliance with its provisions, and to be entitled to its benefits; but such companies, battalions, and regiments shall be required to comply with all the remaining provisions of this Act; and all military officers of companies, battalions, or regiments, now holding commissions, will be deemed to have been commissioned according to the provisions of this law. Division d 680. SPC. 56. The organized and enrolled militia of this state shall divided into such number of divisions and brigades as the Commander-in-Chier shall determine. The Governor, as Commander-in-Chief, shall publicly announce the number of divisions and brigades within sixty days after the passage of this Act. 681. SEC. 57. Whenever any portion of the organized or enrolled militia shall have been called into active service to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of this state, or of the United States, it shall be competent for the Commander-in-Chief, or the General acting in his place, as provided in section thirtynine, to place such troops under the temporary direction of the Mayor of any city, or Chairman of the Board of County Commissioners of any county, or of any Sheriff of any county, or of any Marshal of the United States, and if, in the opinion of such civil officer, it shall become necessary that the troops so called out shall fire or charge upon a mob or body of persons assembled to break or resist the laws, such civil officer shall give a written order to that effect to the superior officer present in the command, who will at once proceed to carry out the order, and shall direct the firing and attack to cease only when such mob or unlawful assembly shall have been dispersed, or when ordered to do so by the proper civil authority. No officer, who has been called out to sustain the civil authorities, shall under any pretense or in compliance with an order, fire blank cartridge upon a mob or unlawful assemblage, under penalty of being cashiered by sentence of a court-martial; provided, that nothing in this section shall be construed as prohibiting any such troops from firing or charging upon such mob or assembly without the orders of such civil officers in case they shall first be attacked or fired upon, or forcibly resisted in the discharge of their duty. When the Commander-in-Chief, or General acting in his place, shall call troops into active service for the purposes mentioned in this section, and shall not place them under the temporary direction of any civil officer, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assemblage. fines. 682. SEC. 58. All fines legally imposed by a court-martial Collection of lawfully constituted after the proceedings and findings of said court in the premises have been approved as prescribed by this Act, shall be and the same are hereby made collectible by law; and any person failing to pay the same shall be proceeded against by the District or Prosecuting Attorney, in the name of the State of Nevada, as for ordinary debts, in any court of compct pt jurisdiction of the county; and a copy of so much of the finding and proval as relates to the imposition and approval of such fine, certified by the cficer authorized by law to approve the same, shall be receive as elence in the case; and if judgment be obtained, it shall be collected as in ordinary cases, and sh be aid into the county treasury as belonging to the military fund of the state, and to be accounted for as such. rules. 683. SEC. 59. The Comander-in-Chief may, from time to publish to time, make out and publish rules, relations, and orders for the government of the militia of this state, in accordance with the provisions and spirit of this Act. 684. SEC. 60. Any volunteer company may, on its To adopt organization, or thereafter, adopt a distinctive name, but shall name. be known by a particular letter or number in the battalion or regiment to which it belongs. company. 685. SEC. 61. No person shall be a member of two com- Must belong panies at the same time, and any member of a company who to one removes beyond the limits of the county, shall be considered as having been discharged from such company. 686. SEC. 62. In the cases of military taxes and fines, Minors. assessed and charged against a minor, the parent or guardian shall be held to pay. In case of minors who are orphans, the Commander-in-Chief shall have power to remit any military taxes or fines. officers. officers. 687. SEC. 63. In the absence of any appropriate com- Absence of mander, the next in rank in the command of troops, where not otherwise provided in this Act, shall succeed to his authority. 688. SEC. 64. Every senior, in his appropriate command, Authority of shall have authority to control the actions of his junior, in accordance with the principles of military subordination under the laws and usages that govern the United States army. 689. SEC. 65. Any officer cashiered by sentence of a Cashiered court-martial, shall be precluded thereby from holding any officers. Dismissed from service. Granting discharges. Resignation. Election. Proviso. Commissions vacated. May disband of the militia. 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 pardoned by the Commander-in-Chief. 691. SEC. 67. No officer, inferior in grade to a regimental 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. 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 shall 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. 694. SEC. 70. The Commander-in-Chief is authorized at any portion any time, by issuing his orders to that effect, to disband any portion of the organized volunteer forces, or of the enrolled militia mustered 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 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.-As amended, Stats. 1871, 108. 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 army, with such modifications directed by the Commander-in-Chief for adapting it to state troops. as may be 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 forbid den. 698. SEC. 74. The commanding officer of every organized To furnish County Clerk company shall, during the months of June and December of with 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 Attorney of the county of his residence, in any court of competent jurisdiction, and be paid into the treasury as a part of the military fund of the state. courts-mar tial. 699. SEC. 75. The President of any general court-martial, Relative to assembled in pursuance of the provisions of this Act, may make 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 Marshal; 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 |