Military Code, State of Georgia, 1905

MILITARY CODE
STATE OF GEORGIA
1905
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Atlanta, Georgia The Franklin Printing and Publishing Company
Geo. W. Harrison, Manager 195

STATE OF GEORGIA, ADJUTANT-GENERAL'S OFFICE.
A'fLANTA, GA., Sept. 5th, 1905.

The following laws for the government of the or-

ganized militia, to be known as the MILITARY CODI!: OF

GEORGIA, prepared by a board of officers consisting of

Colonel W m. G. Obear. Inspector-General i Colonel

A. J. Scott, Assistant Adjutant-General i First Lieu-

tenant L. S. D. Rucker, Jr., Sixteenth Infantry, U. S.

Army, enacted by the General Assembly, and ap-

proved by the Governor August 22, 1905, to take effect

October 1st. 1905, are published for the information

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and guidance of all concerned. By ORDER OF THI!: (lOVERNOR:

S. W. HARRIS,

Adjutant-General.

CONTENTS.

Section l. Persons subj~ct to militia duty.

Section 2. Exemptions from inilitia duty.

Section 3. Enrollment of persons liable to militia

service.

Section 4. Notice of enrollment, exemption claims.

Section 5. Examination of assessment rolls and

poll lists.

Section 6. Designation of militia.

'Section 7. Definition of terms. /

Section 8. Commander-in-chief. /

Section 9. Staff of Governor. ,/

Section 10. Assignment of U. S..officer:

Section 11. Duties of Adjutant-General.

Section 12. Duties 'of staff departments.

~ection 13. Duties of military secretary and aide-

de-camp.

Section 14. Powers of Governor in case of invasion.

Section 15. Substitutes for U. S. service.

Section 16. Drafts for volunteers.

Section 17. Punishment for faiiu,l'~' .to appear for

duty.

Section 18. Organization of reserve militia. Section 19. ProclatpaV,ioiJ of"state of insu~rection. Section ~O. Goverp'or to 0~der:'.tr00ps to aid of civil

authorities. . .,." ,..

Section ~l. Section 22. Section ~3. Section 2-1.

When civil officer may order out troops. Mobs to be ordered to disperse. Failure to disperse a felony. Military officer to disperse mobs.

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Hection 25. Bection 26.
Section 27. Section 28.
Section 29.
Section 30. Section 31. Section 32. Section 33. Section 34. Section 35. Section 36. Section 37. Section 38. Section 39. Section 40. Section 41. Section 42. Section 43. Section 44. Section 45. Section 46. Section 47. Section 48. Section 49. Section 50. Section 51. Section 52. Section 53. Section 54. Section 55. Section 56. Section 57.

Troops assaulted to rrotect themselves. Persons to disperse when missiles are
thrown or shots fired. Streets may be closed. Officer guarding prisoners may prescribe
limits. Civil and military officers to report to
the Governor. Change of venue. Orders to be written, when. ArticlE's of war, when in force. Composition of National Guard. Organization of National Guard. Duration of commission. Date of rank in commission. Qualification for commission. Election and appointment of officers. Appeal from elec-tion. Oath of office. Examination of officers. Examining boards. Retirement of officers. Retiring boards. Discharge of officers. Enlistments. Re-enlistments. Enlistment papers. Transfers. Non-commissioned officers. Retired enlisted roll. Discharge of enlisted r~len. Inspection and muster. Drills, parades, etc. Camps and practice marches. Discipline and exercise. Warning for duty.

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Section 58. Excuses from duty. Section 59. Compulsory attendance on duty. Section 60. Courts-martial and courts of inquiry. Section 61. No indemnity for action of military
courts. Section 62. Presumption of jurisdiction.
ection 63. Confinement. Section 64. Disability of dishonorable discharge. Section 65. Court penalties, how collected. Section 66. Military fund. Section 67. Audit and payment of accounts. Section 68. No troops to enter or leave State with-
out permission. Section 69. Supplies to organizations. Section 70. Officers' equipm~t. Section 71. Purchase and sale to officers and enlisted
men. Section 72. Uniforms. Section 73. Property issues, bonds for, etc. Section 74. Title to military property. Section 75. Pay, rs,tes of. Section 76. Allowance to officers. Section 77. Allowance to organizations. Section 78. State armories, drill-grounds, etc. Section 79. Exemption from civil proce~s. Section 80. Right-of-way of troops. Section 81. Exemption from street tax and jury
duty. ection 82. Trespassers lLnd disturbers to be arrest-
ed; liquor and huckster sales prohibited. , Section 83. Unauthorized armed bodies prohibited.
VSection 84. Unlawful wearing of uniforms.
(), Section 85. State flag. Section 86. Special or chartered names of organizations.
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Section 87. Section 88. Section 89. Section 90. Section 91. Section 92. Section 93. Section 94. Section !l5. Section 96. Section 97. Section 98.

Chartered rights preserved. Music. Service medals. Governor appoints boards. Officers may administer oaths. Return of fines and penalties.. Naval battalion. Naval divisions. Duties of naval battalion. Allowances of naval militia. Regulations to be made by the Governor. Brigadier-General by brevet.

GEORGIA MILITARY CODE.
SECTION 1. PERSONS SUB.TECT TO MILITIA DUTY: The militia of this State shall consist of every able-bodied male citizen of the State; every able-bodied male of foreign birth, who has declared his intention of becoming a citizen, and every able-bodied male transient person, having a place of business and doing business in this :::ltate, but having no residence or home therein, who is more than eighteen or less than forty-five years of age, and not expressly exempt by law.
SEC. 2. EXEMPTIONS FROM MILITJA DUTY: The following exemptions from militia duty will be recognized:
1st. All persons exempted by the laws of the United States.
~d. The chief officers of the several executive departments of the State; Judges of the Supreme, Superior, City and County Courts; Justices of the Peace; Sheriffs, Deputies and Jailers; Clerks of Courts and Ordinaries; members of the General Assembly during the term for which they shall be elected, and officers of the General Assembly during the session and for seven days before and after the same.
3d. All persons employed on railroad trains and repairers of railroads; operators and messengers of tel-

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-egraph companies; ferrymen; bridge-keepers; tollgate keepers; public millers; ministers and preachers of the Gospel; licensed physicians and druggists in active practice; professors and tutors in colleges and schools; regular members of any fire or police department, but no member of the militia shall be relieved because of his joining such fire or police department; every person employed by the year or season on board any vessel or in the merchant service or coasting trade, and all pilots and stevedores.
4th. Idiots, lunatics, paupers, vagabonds, confirmed .drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes.
All such exempted persons, except those enumerat.ed in paragraphs one and four, shall be available for. military or naval duty in case of war, insurrection, invasion, or imminent danger thereof.
SEC. 3. ENROLLMENT: Whenever the Governor shall ,deem it necessary, he may order an enrollment to be made by officers designated by him of all persons liable to service in the militia. Such enrollment shall state the name, residence, age and occupation of the persons -enrolled and their previous or existing military or naval service. An original and three copies shall be made, one of which shall be retained by the enrolling officer, one filed in the office of the town or city -clerk in which the enrolled persons reside, one in the -office of the ch:.rk of the county in which the enrollment is made and the original in the office of the Adjutant-General. If the Governor so direct, such enrollment shall show separately all the seafaring men of whatever calling or occupation; men engaged in the navigation of the rivers, lakes and other waters of the State, or in the construction and management of ships and crafts, together with shipowners and their employees, yacht owners, members of yacht clubs and all other associations for aquatic purposes.

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SEC. 4. NOTICE OF ENROLLMENT-ExEMPTfON CLAIMS: The officer making the enrollment shall, a.t the time of making the same, serve a notiile of such enrollment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of resid~nce. All persons claiming exemption must, within fifteen days after receiving such notice, file a written statement of such exemption, verified by affidavit, in the office of the county clerk. 8uch clerk shall thereupon, if such person be exempted according to law, mark the word "exempt" opposite his name, and the remainder of all thus enrolled, and not thus found to be -exempt, shall constitute the militia of the State, aIJd such clerk shall transmit'a copy of such corrected roll to the Adjutant-General. The commanding officer of -each organization in the National Guard and Naval Militia and the heads of the fire and police departments in 'each city or town shall, whenever an enrollment is ordered, each file in the office of such county derk a certified list of the names of all persons in his command or department.
t:lEc.5. EXAMINATION OF ASSESSMENT ROLLS AND POLl, LISTS: The assessors in each city, village, town' or ward in this State shall allow persons appomted to make such enrollment, at all proper times, to examine their assessment rolls and take copies thereof, and the clerks of all counties, towns. and cities, shall in like manner, at all proper times, allow such persons to examine and copy the poll lists on file in their <>ffices. All persons shall, upon application of any person making such enrollment, give the name of, and all other proper information concerning any person within their knowledge liable to be enrolled under penalty of $10 for every con.cealment or false information, or refusal to give the information requested,

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to be recovered in th~ name of the people in any

court, with costs. The officer making the enrollment

shall, within ten days, report to the Adjutant-General

all persons who shall fail or neglect to give such infor-

mation.

SEC. 6. DESIGNATION OF MILITIA: The militia of this

State shall be divided into two classes: The Active

anll the Re~erve Militia. The Active Militia shall

consist of the organized and uniformed military

forces of the State, which shall be known as the N a-

tional Guard of Georgia, and of the organized and

uniformed naval forces of the State, which shall be

known as the Naval Militia of Georgia. The reserve

militia shall consist of all those liable to service ill>

the militia, but not serving in the National Guard

or the Naval Militia of the State.

SEC. 7. DEFINITION OF TERMS: For the purposes

of this Act, the word "company" or "companies" shall

apply to and include bands, signal, engineer and hos-

pital companies, and companies of infantry, heavy

art.illery, troops of cavalry, batteries of light artillery,

and naval divisions, except where otherwise specified,

and the term "unassigned bat,talion" shall apply to

the naval battalion and to battalions not attached to

regiments, and the term "unassigned company" to

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companies not attached to regiments or battalions.

The word "officer" shall apply to a commissioned offi-

cer, and the word "soldier" shall include non-com-

missioned officers and privates of the naval battalion

as well as of the land forces.

SEC. 8. COMMANDER-IN-CHIEF: The Governor of the

State, by virtue of his office. shall be the Commander-

in-Chief of the militia of the State, except of such

portions as lllay at times be in the service of the United

States.

SEC. 9. STAFF OF GOVERNOR: The military staff of

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the Governor shall consist of th~ following officers, to> be appointed by him, who shall be commissioned as' officers of the National Guard of this State, holdingoffice at the pleasure of the Governor, or until their' successors are appointed and qualified, to-wit: (l) an Adjutant-Ueneral with the rank of brigadier-general, who shall receive a salary of two thousand dol lars per annum, to be paid out of the Military Fund,. and no person shall be appointed to this office who has not held a commission in the National Guard or Naval Militia of this State, the Army or Navy of the Confedrate1:ltates, or of the United States; (~) an Inspector- General; (3) a Judge Advocate-General; (4) a Quartermaster-General; (5) a Commissary-General of Subsist-ence j (6) a Surgeon-General; (7) a Chief of Ordnance, who shall also have supervision over target practice, each with the rank of colonel; (8) two As sistant Adjutant-Generals, one with the rank of colo nel and one with the rank of lieutenant-colonel; (9) two assistants, each, 10 the Inspector-General, theJudge Advocate-General, the Quartermaster-General, the Commissary-General of Sllbsistence, the Surgeon-General, and to the Chief of Ordnance, one with the rank of lieutenant-colonel and one with the rank ofmajor; and a Medical Inspector, with the rank of major, which office shall be abolished upon the expira- tion of the term of the present incumbent; (10) not less than four Aides-de-camp,with the rank of lieutenant-colonel, and in the discretion of the Governor, as many more as he may deem proper, not to exceed twenty-eight, and as a prerequisite to appointment tothis position such person shall have held a commission either in the National Guard or Naval Militia of this State, the Army or Navy of the Confederate States, orof the United States; (11) and the Governor may appoint and commission hili private secretary as his.

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,military secretary with the rank of major; PROVIDED, 'That the commissions of the Aides-de-camp and the Military Secretary shall not continue of force 'beyond the tenure of office of the Governor by whom they were appointed; and PROVIDED FURTHER, That .the present Governor may, in his discretion, re'appoint and re-commission those of his Aides-de-camp now in excess of the above mentioned maximum number who have properly uniformed and equipped themselves on or before the passage of this Act, to hold {)ffice at his pleasure, not to exceed his tenure of office.
The officers enumerated above, except the Aides-de..camp and Military Secretary to the Governor, shall be ..organized into an Adjutant-General's Department, an Inspector-General's Department, a Judge AdvocateGeneral's Department, a Quartermaster Department, .a Subsistence Department, a Medical Depat:tment, .and an Ordnance Department, and shall, with ~uch . ,enlisted men as the Governor may authorize, compose such departments.. The senior officer of each such department snaIl be the chief thereof,and the assistant in each such departments shall be appointed by the Governor on the recommendation of its chief.
fSEC. 10. ASSIGNMENT OF U. S. OFFICERS: Any offi.cer of the United States Army, Navy or Marine Corps who may be detailed for duty with the militia of this State, may be assigned by the Governor to act in such .-.capacity with the militia as may be to the best intersts of the State, without regard to the rank of the -officer so assigned.
SEC. 11. DUTIES OF ADJUTANT-GENERAL: The Adjutant-General shall be the Chief of Staff to the Governor and all communications .between the Governor and officers of the militia of the State shall be made .through and to him; he ~hall keep and preserve the

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arms, llccou-trements and' other military stores of theState; keep on file in his office all reports made tohim j make an animal report to the Governor of thecondition of the militia, with an itemized account of ail moneys and supplies received from all sources, and of the disbursements and issues, and to furnish each officer of the National Guard a copy thereof. Heshall also embody therein the annual reports of all officers made to him, and 'all general orders and circulars issued from his office, which reports shall be published in pamphlet form for general distribution, and the Governor shall lay before the General Assembly such portions of this report as He deems proper. He' shaH obey all orders relative to carrying into execution and perfecting the military establishment under the laws of the State and of the United States; furnish blank forms of the different returns and rolls as may be required. He shall give his whole time and attention to said office and shall perform such otherduties as may be required of him by the Governor. The Governor may, in his discretion, require the Adjutant-General to give bond to the, State, in such an amount as may be fixed by regulation, with twO' personal or one corporate surety, to be approved by tne Governor, conditioned faithfully to dischargethe duties of his office, to use all necessary diligence and care in the safe keeping of the military stores and property of the tate, and of the United States com- mitted to his c tody, and to account for and safely deliver to his successor, or to any person authorized to receive the same.
SEC. 12. DUTIES OF STAFF DEPARTMENTS: Theduties of the chiefs of the several staff departments, and their assistants, shall be correlative with those discharged by like officers of the United States Army. as far as may be applicable, in the discretion of the

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'{l-overnor, and they shall perform such othE.'r duties as may be required of them by the Governor or the head )f their Department.
SEC. 13. DUTIES OF MILITARY SECRETARY AND AIDESDE-CAMP: The Military Secretary and Aides-de-camp ,shall perform such duties pertaining to their respective offices as may be required of them by the -Governor.
SEC. 14. POWER OF GOVERNOR IN CASE OF INVASION: 'The Governor shall have power, in case of insurrection, invasion, tumult, riot, or breach of the peace, or "imminent danger thereof, to order into the active service of the State any part of the militia that he may deem proper. W'hen the militia of this State, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the active militia, or such part thereof as may be necessary, and if the number avail.able be insufficient, he shall order out such part of the reserve militia as he may deem proper. During the absence of organizations of the militia in the service of the United States, their State designation shall not be given to new organizations.
SEC. 15. SUBSTITUTES: Any person detached to 'serve with any portion of the militia called into the 'service of the United States may offer a substitute, .and if such substitute is acceptable and shall consent 'in wri ting to subject himself to all the duties, fines, ;forfeitures, and punishments to which his principal 'Would be subject were he personally to serve, he shall be accepted by the commanding officer of the detachment, and ordered to be enrolled in the place of his principal.
SEC. 16. DRAFTS OR VOLUNTEERS: Whenever it -shall be necessary to call out any portion of the re-serve militia for active duty, the Governor shall di-

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rect his order to the Mayor of any city or the Supervisor of any town, who, upon the receipt of the same, shall forthwith proceed to draft, by lot, as many of the reserve militia in his city or town, or accept as many volunteers, as are required by the Governor and shall for.thwith forward to the Governor a list of the persons so drafted or accepted as volunteers ; provided that the Governor may, in his discretion, issue his proclamation for and receive such volunteers, direct as may be needed.
SEC. 17. PUNISHMENT FOR EAILURE TO ApPEAR: Every memher of the militia ordered out, or who volunteers or is drafted under the provisions of this Act, who does not appear at the time :lnd place designated by h,.is Commanding Officer, the Mayor, or Supervisor, within twenty-four hours from such time, or who does not produce a sworn certificate of physical disability from a physician in good standing, to so ap: pear, shall be taken to be a deserter and dealt with as prescribed in the Articles of War of the United States.
SEC. 18. ORGANIZATION OF RESIl:RVE MILITIA: The portion of the Reserve Militia ordered out or accepted into the service, as provided in this Act, shall be immediatp,ly mustered into the service of the State for the period of two years, until otherwise orderd by the Governor, and shall be organized into troops, batteries or companies, which may be arranged in squadrons. or battalions, or regiments or assigned to organizations of the National Guard or Naval Militia already existing. The Governor is authorized to appoint the officers necessary to commence or complete any organization thus createa. Such new organization shall be equipped, disciplined, and governed according to this Military Code and the military regulations of the State.
SEC. 19. PROCLAMA'rION OF STATE OF INSURRECTION:

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Whenever any portion of the militia is employed in aid of the civil authorities. the Governor. if in his judgment the maintenance of law and order will be thereby promoted, may, by proclamation, declare a state of insurrection in the locality in which the disorder is located j !!.nd he may give authority to th~ commanding officer in such district to close places where firearms and munitions of war are soJd, barrooms. and other disorderly places; and such officer or officers shall have the right to do and perform any act or acts, or direct them to be performed, whether affecting private, corporate or public rights, that, in his discretion, may be necessary or advisable to suppress or prevent any unlawful assembly.
Sec. 20. GOVERNOR TO ORDER TROOPS TO Am CIVIL AUTHORITY: Whenever any judge of the Superior court, or a city court, county court, county sheriff, mayor of any incorporated city, town or village, in this State, whose authority shall rank in the order named, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, insurrection, mob, unlawful assembly, or combination to oppose the enforcement of the law by intimidation, force or violence, within the jurisdiction of which such officer is by law a conservator of the peaee, which can not be speedily suppressed or effectually prevented, by the ordinary posse comitatus and peace officers, it shall forthwith become the duty Of the judge, sheriff, or mayor to report the facts and the circumstances to the Governor and to request him to order out such portion of the militia of the State as may be necessary to preserve the peace ; and it thereupon shall be the duty of the Governor, if he deems such apprehension well founded, .to order out. or direct to be held in readinE'ss, such portion of the militia of the State as he may deem advisable for - the enforcement of the law; and he may require the

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officer in command of the troops to report to such civil officer as he may direct, and to obey the order of such civil officer; or if the Governor deems it advisable he may specially instruct the officer in command of such troops as to the duties required of them, and to direct their execution under the immediate control of the Governor.
SEC. 21. CIVIL OFFICER MAY ORDER OUT TROOPS ~
Whenever any riot, outbreak, tumult, mob, rout, or unlawful assembly shall occur or be imminent, undep such circumstances that timely application can not be made to the Governor and action thereon had by him, any judge aforesaid, orsherifI of any county, or mayor of any city, town or village in which any of the said organized militia are located, if he ascertain, or has good reason to believe that the ordinary posse comitatus or civil power of the county, town or vilIl\W' where such violation of the laws and the peace of the State occurs or appears imminent, are or would be unable to promptly suppress or prevent the same, may, without first making application to the Governor,. direct the commander of any part of the organized militia in the county. city. town or village, where such lawlessne,s exists or is threatened, to report with his command to such civil officer, to enforce the laws and: preserve the peace, and it shall be the duty of such commander and all persons composing such command, to obey such order, which, however, must be in writing as required in Section 31 of this Act and as specified by said section.
SEC. 22. MOBS TO BE ORDERED TO DISPERSE: Before using any military force in the suppression of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination, it shall be the duty of the civil officer Ilalling uut such military force, or of some
2

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'Other conservator of the peace, or of the officer in command of the troops, or some person by him deputed, to command the persons composing such riotous, tumultuous or unlawful assemblage or mob, to disperse and return peaceably to their respective abodes and business. But in no case shall it be necessary to use any set or particular form of words in -ordering the dispersion of any riotous, tumultuous or unlawful assembly, nor shall any command be necessary where the officer or person, in order to give it would be put to imminent danger of loss of life, or bodily harm, or where such unlawful assemblage or mob is engaged in the commission or perpetratic*l of -any felony, or in assaulting or attacking any civil offi-cer, or person called to aid him in the preservation of the peace, or.is otherwise engaged in the actual violence to person or property.
SEC. 23. FAILURE TO DISPERSE A FELONY: Any person or persons composing or taking part in any riot, rout, mob, tnmult, or lawless combination or assembly mentioned in this Act, who, after being duly commanded to disperse, as hereinbefore provided, wilfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one nor more than five years.
SEC. 24. MILITARY OFFICER TO DISPERSE MOBS: Any person or persons composing or taking part, or about to take part in any riot, rout, mob, tumult, or unlawful combination or assembly mentioned in this Act, having been duly commanded to disperse, or where the circumstances are such thai no command is req uisite, under the provisions of this Act, the civil officer to wh0m such force is ordered to report, or the military officer in command, shall take such steps and make such disposition for the arrest, dispersion and

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quelling of the persons composing, or ta,king part in any such mob, riot, tumult, outbreak, or unlawful assembly or combination mentioned in this Act, as may be deemed by him requisite to that end, and if in doing so any person is killed, wounded or otherwise injured, or any property injured or' destroyed by the civil officer or officer or member of said military forces, or by any other person lawfully aiding them, 13uch civil officer, military officer, or member of said military forces, or person lawfully aiding them, shall be held guiltless in all cases, unless it be made to appear that such killing, wounding or injury of persons, Qr injury to or destruction of property was wanton or malicious; and should any officer or soldier be sued in any civil court or prosecuted in the criminal court charged with any damage to private property or injury to person in the performance of any of the foregoing duties, or any act in the line of his duty, it is hereby made the duty of the Solicitor-General, at the State's expenoe, to defend suchgofficer or soldier.
SEC, 25. TROOP13 ASSAULTED TO PROTECT THEMSELVES: If any portion of the military forces, or other persons lawfully aiding them in the performance of any duty under the provisions of this Acl are as13aulted, attacked, or in imminent danger thereof,' the commanding officer of such troops need not await any Qrder from any civil officer, but may at once proceed to quell such attack and take all other needful steps for the safety of his command.
SEC. 26. PERSONS TO DISPERS~: WHEN MISSILES ARE THROWN: 'Vhenever any shot is fired or missile thrown at, against, or upon any body]of said military forces, or at, against, or upon any officer or member thereof, assembling or assembled for the purpose of performing any duties under :the:prov,isions of this
ct, it shall forthwith be thelduty of every person in

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the assemblage from which the shot is fired or the missile thrown, to immediately disperse and retire therefrom without awaiting any order to do so; and any person knowing, or having a reason to believe that a shot had been fired or missile tlirown, as aforesaid, from any assemblage of which said person formed a part, or with which he is present. and failing immediately, without lawful excuse, to retire from such assemblage, shall be guilty of a misdemeanor; and any person so remaining in such assemblage after being duly commanded, as provided hereinbefore to disperse, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years.
SEC. 27. STREETS MAYBE CLOSED: 'Whenever any riot, rout, tumult, mob, or unlawful assembly has occurred or is progressing, or is so imJll1inent that any portion of the said military forces is or has been called out for the performance of any duty u'nder the provisions of this Act. it shall be lawful for the civil officer, under whose orders the military forces are acting, or of the commanding officer of such military forces, if it be deemed advisable to do so, in subduing or preventing such riot, rout, mob, tumult, or unlawful assemblage, or the outbreak thereof, to prohibit all persons from occupying or passing any street, road, or place in the vicinity of the riot, rout, mob, tumult, or unlawful assembly, or the place where the same is threatened, or where the said military forces may be at the time being. and otherwise to regulate the passage and occupancy of such streets and places. Any person, after being duly informed of such prohibition and regulation, who attempts to go or to remain on such street, road or place, or who fails to depart after being warned, is guilty of a misdemeanor. and upon conviction, shall be punished therefor.

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SEC. 28. OFFICER GUARDING PRISONERS MAY PRESCRIBE LIMIT~: The commanding officer of any body of said military forces guarding any jail, building or other place, ur escorting any prisoner, or performing any other acts of duty, may, if he dooms it advisable, prescribe It reasonable distartce in the vicinity of such jail, building or other place or escort of such prisoner, within which persons shall not come; and any person coming within such limits, without the permission of said officer, or refusing to depart after being ordered to do so, shall be guilty of a misdemeanor, and shall be placed under arrest by the military authorities using such force as lllay be necessary.
S~:c. 29. CIVIL Ar>D MILITARY OFFICERS TO REPORT TO THE GOVERNOR: 'Whenever any troops are ordered out by a civil officer under the provisions of this Act, without first obtaining an order from the Governor, it <shall be the duty of the civil officer, and also of the commander of such troops, to report the facts to the Governor as soon as practicable.
SEC. 30. CHANGE OF VENUE: Any civil officer, military officer, or member of the said military forces, or any person lawfully aiding them in the performance of any military duty required under the provisions of this Act, if indicted or sued for any crime or trespass, ) or for any injury to person or propert.y in endeavoring to perfortI). such duties, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit to some county other than that in which the indictment was found or the injury done. Such. transfer shall be to any county that may be agreed upon by the Solicitor-General and the defendant or his counsel, in case of indictment, or by the parties and their counsel, in case of suit. If a

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county is not thus agreed upon, the judge shaH select such co:mty as, in his judgment, will afford a fair and impartial jllry to try the case, and have it transferred accordingly.
SEC. 31. ORDERS TO BE -WRITTEN, ",,,"HEN: Anyofficer whose command is called out under the provisions of this Act, and reporting to any civil officer, may require such civil officer to make such order .in writing and to prescribe therein the outline of the duties required of him and his command; and such officer may decline to obey such orders until the same are put in writing; and while sllch commanding officer must obey all lawful commands of such civil officer, unless the same are countermanded by or are at variance with the orders of the Governor, such commanding officer may use his discretion as to the manner of carrying out such orders so long as he complies with their spirit.
SEC. 32. ARTICLE!! OF WAR, WHEN IN FO-ReE: Whenever any portion of the militia shall be on duty under or pursuant to orders of the Governor, or shall be on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger, or to aid the civil authorities on aCCOlln t of any breach of the peace, tumult, riot, resistance to process of this State, or imminent danger thereof, or for any other cause, the Articles of War governing the Army.of the United States, and the regulations prescribed for the Army of the United States, as far as such regulations are consistent with this Act, and the regulations issued thereunder, shall be enforced and regarded as a part of this Act until said forces shall be duly relieved from such duty.
As to offences committed when such articles of war are so in force, courts-martial shall pOSSE>SS, in addition to the juri;;diction and power of sentence and

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punishment herein vested, all additional jurisdiction and power of senten('e and punishrpent exercisable by like courts under such articles of war or the regulations or laws governing the United States Army, or the customs and usages thereof, but no punishment under such rules and articles which shall extend to the taking of life shall, in any case, be inflicted. except in time of actual war, invasion, and insurrection,. declared by proclamation of the Governor to exist, and then only after the approval by the Governor of the sentence inflicting such punishment. Imprisonment other than in guard-house shall be executed in jails or prisons as hereinafter provided.
SEC. 33. COMPO ITION OF NATIONAL GUARD: The National Guard of the State shall consist of an AdjutantGeneral's Department, an Inspector-Genpral's Department. a Judge Advocate-General's Department, a Quartermaster's Department, a Subsistence Department, a Medical Department, an Ordnance Department, organized as hereinbefore provided, not to exceed five regiments of infantry, one regiment of cavaIry, .two batteries of field artillery, one battalion of coast artillery, to consist of not more than four nor less than three companies, which shall be arml'd and equipped as infantry and instructed and trained as heavy or coast artillery, one company of signal corps, one company of engineers, one ambulance company, or company of hospital corps, all persons commissioned or enlisted in any of the above mentioned organizations or departments, and all retired officers and enlisted men.
SEC. 3-L ORGAl\IZATION: Each regiment, battalion, squadron, company, battery. and troop shall be organized to conform to similar organizations in the United States Army, and the Governor shall have authority to alter, divide, annex, consolidate, disband, or reorgan-

ize any such organization, to create new organizations, and to commission, or enlist, or to discharge, the necessary officers and enlisted men, whenever, in his judgment, the efficiency of the National Guard will be thereby increased, or to conform to ~ny -change of organization in the United States Army; and in case of war, insurrection, invasion, or imminent danger thereof, the Governor shall have cauthority to increase the force beyond the maximum established by law, and to organize the ,same, with proper officers, as the exigencies of the service may requite., but that in time of peace he shall restrict by order the maximum enlisted strength of the National Guard to four thousand (4,000), until each man thereof shall be arm~d, uniformed, and equipped to conform to the requirements of the United States regulations.
Provided, That the organization of all regiments shall include one Surgeon wilh the rank of Major, one Assistant Surgeon with the rank of Captain, two Assistant Surgeons with the rank of First Lieutenant, (:me Sergeant, first class, of the Hospital Corps, who ~hall hare the relative rank of First Sergeant, three Sergeants of the Hospital Corps, three Corporals of the Hospital Corps, six privates, first class, of the Hospital Corps, three privates of the Hospital Corps, and one Chaplain with the rank of Captain; that the organization of an unassigned battalion shall include one Assistant Surgeon with the rank of Captain, and one-third of the enlisted men, including noncommissioned officers other than the Sergeant, first class, of the Hospital Corps, authorized for a regiment, and a Chaplain with the rank of First Lieutenant; and that the organization of the batteries of field artillery shall include one Assistant Surgeon with the rank of First Lieutenant.

25
Prol'ided further, That the enlisted strength of each company, troop, and battery shall not be less than forty, and that the Governor may, in his discretion, fix the maximum enlisted strength of each company, troop, and battery at such number as may be to the best interest of the State, the same to be uniform throughout the State, and that he shall announce in order;, from time to time, the organization of each unit.
SEC. 35. DURATION OF COMMISSION: All officers shall be commissioned by the GDvernor to the particular office to which elected or appointed, in his discretion, for the period of their good behavior, provided that the term of service of all staff officers shall expire when the officer on whose recommendation they were appointed vacates his office through death, resignation, or removal from any cause, and provided further, that each and every such officer shall con tin ue in the service and perform the duties pertaining to his office until his successor shall be duly qualified, unless specially relieved by the Governor.
!::lEc.36. DATE OF RANK IN COMMISSION: The date fror.l which an offi"er on the active list takes rank shall be the date of election, or appointment, unless at the time of such election or appointment the officer be in active commission in the same grade. in which case the officer shall be entitled to rank from the date of original rank in such grade, chaplains and medical officers excepted.
SEC. 37. QUALIFICATIOK FOR COMMISSION: No man shall be commissioned an officer of the National Guard or of the Naval Militia of this State unless he is a citizen of the United States, of the age of eighteen and upward, and shall have succesfully passpd the examination provided hereinafter, provided that no man shall be so commissioned who has ever been dishonor-

26
ably discharged from the military or naval service of this or any other State or country, unless the disability herein caused by such dishonorable dIscharge shall have been removed in a manner satisfacto'ry to the' GoverBor.
SEC. 38. ELECTION AND ApPOI.:>'TMENT OF OFFICERS:' Company officers shall be elected by the officers and enlisted men of the company; field officers shall be elected by the field and company officers of the regiment or unassigned battalion. Elections for a commander of a regiment or commander of an unassigned battalion shall be ordered by the Governor; elections: for a junior officer shall be ordered by the commander of a regiment or unassigned battalion; elections for' officers of unassigned companies shall be ordered by the Governor. All elections shall be conducted and returns thereof made, and all contests decided in such manner as may be prescribed by reg- uI"ations. A plurality of the votes cast shall benecessary for an election to any office in the military forces. Commissioned staff officers of regiments, unassigned. battalions and batteries of light artillery, shall be appointed and commissioned by the Governor upon recommendation of the respective commanders. Commissioned staff officers of battalions of a regiment shall be appoi'nted and commissioned by the Governor upon the recommendation of respective battalion commanders approved by the regimental commander; and all such staff officers shall be subject to examination as to their fitness for commission. The appointment of medical officers and chaplains shall conform to the laws and regulations providing for the appointment of other staff officers of a regiment or unassigned battalion.
SEC. 39. ApPEAL FROM ELECTIONS: Every person thinking himself aggrieved by the proceedings at an election

27
may appeal to the Governor, by filing at the time of the election with the presiding officer thereat notfce of such intended appeal and forwarding a full statement of the grounds of such appeal, within ten days of the date on which the election took place. The Governor may direct, upon such appeal, an officer to take testimony in the case, and to report his find ings, and such officer shall have the power to take evidence, administeroaths. issue subpcenas and compel witnesses to attend' and testify and produce books and papers, and punish their failure to do so, as is possessed by a general' court-martial. The decision of the Governor as to the' result of any election shall be final.
BE.c.40. OATEI OF OFFICE: Every person commissioned a'l an officer in the National Guard of thiS' State, before he shall assume such rank and enter upon the duties of the office to whic h he may be commissioned, shall accept such commission, and shalltake and subscribe before some person authorized,. such oath and declarat,ion as may be prescribed by the Governor. Any officer or en listed man, active or reo. tired, who accepts a commission, or any offic er. active or retired, who enlists, in any military organization of this or any other State or country, shall therebyvacate his former commi:lsion or enlistment, as thecase may be.
In case of neglect or refusal to take, subscribe and. file such oath with the Adjutant-General within ten days from date of issue of said commission, such commission may be forthwith cancelled by the Governor.
SEc.41. EXAMI:'IATION OF OFFICERS: Every person elected or appointed a commissioned officer in the' National Guard of this State shall, before being com-missioned, appear before an examining board who shall examine such person as to his physical, mental,.

~8
'moral and other fitness for military service; provided, -that officers reelected or reappointed their own imme'diate successors shall not be required to stand examination.
The Governor may, in his discretion, waive the ex.amination in the following cases:
(al Where a field officer is elected or appointed to bigher rank.
(b) Where the applicant for commission is an officer in active commission who has received, within one "year, a commission of the same or highe"r grade, for which an examination was held.
(c) Where a person is appointed an aide-de-camp -or military secretary to the Governor, or a chaplain.
SEC. 42. EXAMINING BOARDS: Boards of examination may be "ppointed by the Governor and shall consist of "not less than two competent officers, and shall have the same power to take evidence, administer oaths and ><compel witnesses to attend and testify and produce books and papers, and punish their failure to do so, .;as is possessed by a general court-martial.
'\Then elpction returns or notice of appointment is received, the person elected or appointed shall be 01'dered by the Governor before a board for examination as provided by law and in regulations.
SEC. 43. RB1TIREMENT OF Ol'FICERS: Any officer of -the National Guard of this State who has served as ".such for not less than ten years, or who has served in the ranks and in commission for not less than fifteen years, may, upon application, approved by the Gov-ernor, be honorably retired from active service with the highest rank, brevet or otherwise, that he has held in the service of this State, provided that any officer who discharges, or has dIscharged, the d\'l ties IIf .;a higher grade for a period of not less than four concsecutive months, under special assignment from the

29
Governor, may, when retired, be retired with the rank: of said higher grade; and such officer shall have all' the rights, privileges, immunities, and exemptionsnow or hereafter enjoyed by the active militia of this State, and shall be entitled to wear, upon all proper occasions, the uniform of his rank j provided, that thetime of service in the Confedjlrate States Army or Navy, or in the United States Army or Navy as a volunteer of this State subsequent to 1870, shall becounted double in eomputing service, and that theservice herein required need not be continuous, but must have been honest and faithful, and all such retired officers shall, with their consent, be available for active duty on all boards, courts-martial, superintend_ ents of elections, and they shall perform such other duties, except to command troops, as may be from time to time assigned them by the Governor.
All retired officers and all officers hereafter retired under the provisions of this Act, shall be commissioned without examination, as officers of the "National Guard f)f Georgia, Retired," or of the "Naval Militia_ of Georgia, Retired," as the case may be j and offi-cers retired from active duty with the grade actually held by them in active service at the date of retirement, shall be commissioned to rank from the date ofrank held ill active service, and officers retired with higher grade than that actually held by them in activeservice at date of retirement shall rank from the date of their retirement j provided, that officers now retired shall be commissioned as retired officers under theabove named conditions, and shall take and subscribeto the oath of office before the first day of March next. after the date of approval of this A ct, and any such officer who shall fail or neglect to subscribe the said_ oath of office within the time specified shall be deemed to have forfeited his commission and such commis-sion shall be forthwith cancelled.

30
S~:C. 44. RETIRING BOARDS: Whenever in the opinion of the Governor the interest of the service re.quire, he is hereby authorized to appoint a board of thr,ee officers to be known as a Retiring Board, to pass upon the fitness of any officer for continuance in commission. Should this board, after. giving such officer an opportunity to be heard. find that he, for any cause whatever, should not be continued in commission, such officer may, with the approval of the Gov-ernor, be wholly retired from the service of the State ,and his commission cancelled, or should he be entitled be commissioned as a retired officer. and the Retiring Board so rpcommends, he shall be withdrawn from active service and commissioned as a retired officer.
SEC. 4.5. DISCHARGE OF OFFICERS: The Governor may discharge any officer of the aforesaid military forces for anyone of the following reasons, to wit: "Upon tender of resignation, or when it appears to the -Governor that an officer is unable or unfit to discharge the duties of his office, or to exercise proper author.ity over his inferior officers or soldiers, or that he has been convicted of an infamous crime, or when he has removed his residence from the home station of his -command'to so great a distance that it is inconvenient to perform the duties of his office; or when he has been absent from his command for a longer period -than thirty days without leave of the Governor, or upon the disbandment of the organization to which be belongs; or upon the recommendation of a Retiring Board, or in pursuance of a sentence of a courtmartial.
SEC: 46. ENLISTM'ENT: Any man who is a citizen of the United States, or has declared his intention to be(lome a citizen, if more than eighteen or less than forty-five years of age, able-bodied, free from disease, of good character and temperate habits, and who can

31
Tead and write, may be enlisted in the National Guard ()f this State. All enlistments shall be fur a term of two years, until otherwise ordered by the Governor. Personl'l discharged for the good of the service or dishonorably discharged from the military or naval service of this or any other State or country shall not be .enlisted unless such disability shall be removed in a manner satisfactory to the Governor. No minor shall be enlisted without the written consent of his parent or guardian.
SEC 47. RE-ENLISTMENT: Any man who has served honorably a previous enlistment in thA militia of this State may be reenlisted for a term of two years, until Qtherwise ordered by the Governor, provided that no man above the age of forty-five years shall be re-enlisted unless the req uiremen ts of the preceding section have bAen complied with.
SEC. 48. ENLISTMENT PAPERS: Every person who ~:mlist or re-enlists shall sign and make oath to an enlistment paper which shall contain an oath of aIle. giance to the State and to the United States, and be in such form as may be prescribed by the regulations issued by the Governor. Such oath shall be taken and subscribed before an officer of the National Guard of the ~tate, and any person making a false oath as to any statement contained in such enlistment paper shall, upon conviction, be deemed guilty of perjury.
SEC. 49. TRANSFERS: Commissioned officers shall not be transferred from one organization or branch of the service to another, but may be reappointed and recommissioned to another office as provided in this act.
Enlisted men shall be transferred for cogent reasons Qnly, and in the follOWing manner: in the same. regiment or unassigned battalion or squadron, by the commander thereof, in all other cases by the Governor.

32
Non-commissioned officers shall not be transferred as such, but will be reduced to the grade of private before the transfer is effected.
SEC. 50. NON-COMMISSIONED OFFICERS: Commanding officers of regiments and of battalions and squadrons not part of regiments, shall appoint and warrant the non-commissioned staff officers of their respective regiments, battalions or squadrons, and they shall, in their discretion , warran I. the non-commissioned officers of the troops, batteries, and companies, of their respective regiments, battalions and squadrons. from the members thereof, upon the written nomination of the commanding officers of the troops, batteries, and companies, respectively. In troops, batteries and companies not part of a regiment, battalion or squadron, and in signal, engineer and hospital companies, the non-commissioned officers shall be appointed and warranted by the commanding officer of such compapy or corps. Non-commissioned officers of the Hospital Corps shall be appointed and warranted by the commanding officer of the regiment or unassigned battalion to which they belong, on recommendation of the senior medical officer, as in the case of other noncommissioned staff officers, and the said commanding officer shall designate iu orders the privates, first class, of the Hospital Corps; provided, that no one shall be appointed a non-commissioned officer of the Hospital Corps above the grade of corporal except he be a practicing physician or a licensed druggist, and shall have been recommended for such appointment by a medical officer of the organization under orders of its commanding officer.
SEC. 51.. RETIRED ENLISTED ROI,L: .A ny regiment, battalion or company may provide a roll to be known as the "Retired Enlisted Roll," and any enlisted man of the command who shall have served honorably for

33
ten years in the service of this State shall be en titled', to be honorably retired from active service by the Governor, and ha\'e his name placed on said roll with the highest enlisted rank he may have held in the service of this State, and shall be entitled to wear upon all proper occasions the uniform of his rank, and to, parade with such organization upon any occasion of ceremony, i'uch service need not be continuous, but, shall have been honest and faithful.
SEC, 52. DISCHARGE OF ENLISTED MEN: No enlisted man of the military forces of this State shall be discharged before the expiration of his term of enlistment. except by the order of the Governor, or for any of the following reasons, to wit: to accept promotion by co:nmission ; upon removal of residence from th~ State or out of the bounds of the command to which he belongs to so great a distance that, in the opinion of his commanding officer, he can not properly perform his military duty; upon disability, established by the certificate of a medical officer, or where no medical officer is available, upon the certificate of a competent physician; upon conviction in the civil court of a crime involving moral turpitude; upon his own application approved by the commanding officer of the organization to which he belongs, and by superior commanders j to carry out the sentence 0 a courtmartial; or whenever, in the opinion of the Governor, the interests of the service demands such discharge',
SEC, 53. INSPECTIONS AND MUSTERS: It shall be the duty of the Governor to require the Adjutant-General to inspect, or cause to be inspected, at least once in each calendar year, the military property and records of each organization, the State campgrounds, all rifle ranges, and, in the discretion of the Governor,all military schools and colleges in the State and the prop-
3

34

erty of the State in their possession; and to muster

and inspect the officers and enlisted men of each com-

pany, or detachment of the organized militia, and of

larger units when practicable; and to attend and ob-

serve all parades, reviews and encampments of com-

panies or larger organizations, ~hen practicable.

The Governor shall authorize a day set for the an-

nual inspection and muster of each company, or larger

unit when practicable, and attendance thereat shall

be compulsory. The officers and enlisted men ordered

out for annual inspection and muster shall lay aside

all other business and be and appear at the place and

time designated, and on failure to do so without good

and valid excuse, to be determined by the regimental

or unassigned battalion commander, or Adjutant-Gen-

eral, shall payia fine of $10.00, in default of . which

they shall be, in the discretion of the Governor, con-

fined in any jailor prison for ten dayF.

S~:c. 54. DRILLS, PARADES, ETC.: Officers and en-

listed men of each troop, battery and company shall

assemble for and undergo drill and instruction at

company, battalion, or regimental armories (troop,

squadron or battery armories for cavalry or field ar-

tillery) or rendezvous, or for target practice, not less

than twenty-four times each calendar year preceding

the annual allotment of funds under section 166L, Re-

vised Statutes of the United States, as amended.

During the same period there shall be at least one an-

nual inspection of each troop, battery, and company

by an officer of the National Guard, or by an officer of

the Regular Army of the United States, at such times

as the Governor may direct.

In addition to such drills and parades, the com-

manding officer of any organization may require the

officers and enlisted men of his command to meet for

drill or instruction at such times and places as he may

jI

appoint.

35
SEC. 55. CAMPS OR PRACTICE MARCHES: Each troop, battery, or company not specially excused by the Governor, will be required to participate for at least five days annually in practice marches or camps of instruction, under such regulations as the Governor may prescribe, and under such instructors as he may appoint.
SEC. 56. DISCIPLINE AND EXERCISES: The same discipline and exercise of the National Guard of this State shall conform generally to that of the Army of the United States as it is now or may hereafter be prescribed by the President, and to the provisions of laws of the United States, except as otherwise provided in this A ct.
SEC. 67. ",VARNING FOR DUTY: Orders for duty may be oral, or reading the order to the person warned, or by delivering a crpy of order to such person, or by leaving a copy of such order at the last known place of abode or business of such person with some one of suitable age and discretion, or by sending a copy of such order or a notice containing the substance thereof to such person by mail, directed to him at his last known place of abode or business, or to the post-office nearest thereto. Such warning may be given by any officer or non-commissioned officer. The officer or non-commissioned officer giving such warning shall make a return thereof containing names of the persons warned, and the time, place and-manner of warning. Such return shall be verified by his oath, which may be administered by any officer; such verified return shall be as good evidence, on the trial of any person returned as a delinquent of the facts therein stated, as if such officer or non-commissioned officer had testified to the same before the court on such trial. Every commanding officer shall make the like return, on honor, and with like effect, of every delin-

36
quency and' neglect of duty of his officers and noncommissioned officers, and also of every enliste.d man who shall refuse or neglect to perform such military duty as may be required.
SEC. 58. EXCUSES FROM DUTY: The officer ordering any military duty shall have the power to excuse any officer or enlisted man for absence therefrom upon good and sufficient grounds, unless otherwise provided.
SEC. 59. COMPULSORY ATTENDANCE ON DUTY: The Governor or the commanding officer of any regiment, 1:>attalion or company. may enforce the attendance at any drill, encampment or other duty of any officer or enlisted man of his command, and may use such force as may be necessary.
SEC. 60. COURTS-MARTIAL AND COURTS OF INQUIRY: Courts-martial and courts of inquiry for the National Guard of this State shall be the same class and kind as shall from time to time be prescribed by law for the United States Army.
A general court-martial shall be convened only by the orders of the Governor, and the punishing powers of such court shall, in time of peace, extend to dishonorable discharge from the service of the State, forfeiture of all pay and allowances, and such punishment as is now, or hereafter may be, prescribed for misdemeanors by the penal laws of this State.
Regimental, garrison and summary courts may be convened for the trial of enlisted men by the commanding officer of any post, unassigned battalion or larger unit of organization, and the punishing powera of such regimental and garrison courts, in time of peace, shall extend to reduction to ranks, forfeiture of all pay and allowances, dishonorable discharge from the service of the State, and a fine of thirty dol~ lars or thirty days confinement in any guard-house, jail

37
or pri~on. The extent of summary court punishmen ts shall be the same as regimen tal or garrison courts, except that the fine shall not exceed ten dollars, or the confinement shall not exceed ten days.
Courts of inquiry may be convened by the Governor or any commanding officer, in like manner as provided by the 115th Article of W'ar, for such purpose as therein provided.
The constitution and procedure of the aforesaid courts shall be the same as for like courts in the United States Army, except in so far as may be modified by this Act and the regulations issued by the Governor in pursuance thereof, provided, that no sentence of confinement in other than a military guardhouse shall be enforced until approved by the Governor.
The aforesaid courts shall have the same power to compel the attendance of civilian and military witnesses as possessed by civil courts of this State, and shall, also, have power to punish for contempt of their authority the same as superior courts of this State.
In case of war, or insurrection, or imminent danger thereof, the aforesaid courts shall have authority to impose forfeitures, fines and penalties in accordance with military law and the Articles of War governing the United States Army.
SEC. 6L. No INDEMNITY FOR ACTION OF M:ILII'ARY COURTS: No action or proceeding shall be prosecuted or maintained against a member of a military court, or officer acting under its au thority, or reviewing its proceedings on account of approval or imposition or execution of sentence, or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, executions, process, or mandate of a military court.

38
SEC. 62. PRESUMPTION OF JURISDICTION: The jurisdiction of the courts and boards established by this Act shall be presumed, and the burden of proof shall rest upon any person seeking to oust such courts or boards of the jurisdiction in any action or pruceeding.
SEC. 63. OONFINEMENT: When the punishment inflict.ed by courts-martial is, or includes imprisonment, and chaingang punishment, or either, the person so convicted shall be delivered by the military authorities to the sheriff of the county wherein such conviction was had, together with a copy of the sentence of the court, to be dealt with as if such conviction had been had in the superior court of such county.
SBC. 64. DISABILITY OF DISHONORABLE DISCHARGE: Soldiers or officers discharged for the good of the service. or dishonorably discharged, or expelled from the military forces of this State, or from the volunteers or National Guard of any other State, or from t.he army or navy of the United States, shall not be enlisted, and shall not be appointed to, nor allowed to hold any military position, either of honor or emolument, unless such discharge or expulsion shall have been revoked, or the disabili ty rc'moved by the Governor.
SEC. 65. OOURT PEe<ALTIES, How OOLLECTED: All fines, forfeiture's and penalties assessed by any courtmartial shall be collected by execution issued under the hand of the president of the court, and directed to the sheriff, and returnable to the superior court of the county in which the delinquent resides, and shall have the same force and effect as civil process of the same character. All moneys collected from such fines and forfeitures shall be paid into the military fund of the State, except those collected by the execution of

39
company courts-martial, which shall be paid to the company or organization treasury.
SEC. 66. MILITARY FUND: All moneys appropriated by the General Assembly for military or naval purposes shall constitute and be kept in the treasury as a separate fund, to be known and designated as the "Military 'Fund"; and all moneys collected for fines or forfeitures, or loss of, or damage to, any military property, or otherwise, under the provisions' of this Act, by any officer, or civil or military court, shall be paid into this fund.
All moneys placerl in the military fun j shall remain available fc.rmilitary purposes, and shall not be covered into the general fund of the treasury; and no part of said military fund shall be used for any purpose except as shall be authorized by law, and it shall be drawn from the treasury only on the warrant of the Governor, according to law.
SEC. 67. AUDIT AND PAYMENT OF ACCOUNTS: No officer or soldier of the militia shall incur any expense whatsoever to be paid by the State, except such as is authorized by this Act, without first obtaining the authority of the Governor; in extreme emergencies, however, the commanding officer of any organization or detachment of the active militia may make purchase of such necessities as are absolutely required for the immediate use and care of his command; a report of such action, containing a statement of the articles purchased and the price thereof, must be made forthwith through the military channel 0 the Adjutant-General. The Adjutant-General, or such officer as the Governor may designate, shall be the auditor of all accounts payable from the military fund of the State, and copies of the orders or contracts under which such purchases are made shall be filed in his office.

40
SEC. 68. No TROOPS TO ENTER OR LEAVE STATE 'VITHOUT PERMISSION: No armed military force from another State, Territory, or District shall be permitted to enter the State for the purpose of doing military duty therein without the permission of the Gov'rnor, unless such force is part of the United States Army, or is acting' under the authority of the United States.
No part of the organized militia of this State shall leave the State as an organization, with or without anns, without consent of the Governor, and any organization so offending shall be disband'ld.
SEC. 69. SUPPLIES TO ORGANIZATIONS: All organizations shall be provided by the State with such arms, quipments, colors, camp and garrison equipage, books of instruction and of record, and other supplies as may be necessary for the proper performance of the duty ,required of them by this Act; and each organization shall keep such property in proper repair and in good ,condition. The Governor shall cause the necessary inspection to be made to ascertain if this section is fully complied with, and in case any organization shall be found deficient in the care of the property entrusted to them, they' may, in addition to replacing -such loss or,damage, be, in the discretion of the Governor, disbanded.
SEC. 70. OFFICERS' EQUIPMENT: Every commis'sioned officer shall provide himself with the arms, uniforms and equipments prescribed and approved by the Governor,
SEC. 71. PURCHASE AND SALE TO OFFICERS AND ENLISTED MEN: The Governor is authorized, upon the request of any officer or enlisted man of the militia, to purchase for cash at the expense of such officer or enlisted, man, under such regulations as may 'be prescribed by the Governor, any military stores, supplies,

41
or material of war, or military publication, sold in opeil market, or by the United States under Section 17of an Act of Congress "To promote the efficie.ncy of the Militia, and for other purposes," approved January 21st, 1903; and to make' the aforesaid officer or enlisted man the proper bill of sale for property so purchased.
SEC. 72. UIi:IFORMS: There shall be a dress and a service uniform prescribed from time to time by the Governor and furnished to the enlisted men of such commands as may make proper requisition therefor. Any command having and using a uniform heretofore adopted by it, mHy retain and use sucll uniform at all times and for all purposes until such command shall make a material change in the uniform in use by it, when such change shall be to the regulation uniform; changes in the cut of the coat or blouse, or in the shape of the cap or other headgear, or in trimmings of either, shall not be deemed material changes. Any company, battalion or regiment may adopt and wear a full dress uniform when the whole command to which they are attached are similarly equipped.
SEC. 73. PROPERTY ISSUES, AND BONDS FOR: All arm!?, accoutrements, and other property for the use of a company shall be issued to, receipted for and accounted for by the commanding officer thereof. All property for the use of the headquarters of a regiment, including its battalions, or an unassigned battalion, including bands and hospital corps, ~hall be issued to, receipted for and' accounted for by the Quartermaster thereof. Property issued to officers and enlisted men of the general staff department shall be under such regulations as the Governor may prescribe. No issue of property shall be made until after there shall have been executed and delivered to the Governor a personal bond with two sureties or a .bond of a surety

42

company, to be approved by the Adjutant-General, by

the officer who is to be responsible and accountable for

such property, in such sums as may be prescribed by

regulations, payable to tha Governor and his suc-

cessors in office, when required, for the safe keeping

proper use and care of, and prompt surrender of such

property with which he may be properly chargeable.

In the event of death, resignation, promotion or dismissal of any officer accountable for publi~ property,

the officer succeeding to his duties shall, within sixty

days from the date of the aforesaid resignation, pro-

motion, ueath or dismissal, furnish a good and suffi-

cient bond, as above required, and shall report to the

Governor the arms, accoutrements, and other military

property remaining on hand of those originally issued

to the command or officer, aDd shall have delivered to

the Governor his bond 'and receipt for same. In

the event of failure to comply with the above condi-

tions, the commission of such officer shall be declared

vacated. The person giving bond for arms, accoutre-

ments and other military property, his executors,

administrators and sureties, shal-l be liable for suit in

the proper court for damages resulting from any

breach thereof, and it shall be the duty of the Adju-

tant-General to secure a settlement of same. Every

officer or soldier to whom public property has been

issued shall be personally responsible to the officer

accountable for such property, and to the State, for

the safe keeping, proper use and care of, and prompt

surrender of such property, and may be prosecuted in

any court, civil or military, having jurisdiction

thereof, for any loss or injury to same, and all such

persons shall be subject to attachment and garnish-

ment under the rules of the law governing said rem-

edies. Any officer or soldier who shall sell or other-

I

wise dispose of any arms, accoutrements, or othl'r per-

43
sonal property belonging to the State, or issued to the State by the United States, in his custody, possession or control, or who shall issue or use such property, or allow such property to be used or issued, in a manner other than that provided for in this Act, and the regulations issued in pursuance thereof, or who shall refuse to deJiyer such property to the proper officer when called for, shall be guilty of a misdem~anor, and upon conviction by a court-martial shall be punished there for and shall be dismissed from the military service of the State. No one shall be relieved from responsibilily, or accountability, as the case may be, or both, for public property issued them, unless it be shown to the satisfaction of the Governor that it has been properly disposed of, or that any loss or (iamage thereto was unavoidable, and in no way the fault of the person responsible, or accountable, for the property; and in all othH cases the value of the property lost or damaged shall be charged against the person at fault, or to the organization to which it has been issued, and such person or organization. if not relieved from snch charge by the Governor, shall pay the value of such property to the Adjutant-General within a reasonable time after such los~ or damage, and upon failure to do so, the Adjutant-General shall proceed to collect the account in the courts having jurisdiction.
The value of lost or damaged property, and the person or organization to b~ charged therewith, may be determined by a board of officers, to be appointed by the Governor, which shall consist of three officers, including an officer of the Inspector-lJeneral's department.
SEC. 74 TITLE TO MILITARY PROPERTY: The property issued by the State to its militia remains the property of the State, and it shall be unlawful for any person not connected with the militia to retain possession

44
thereof, unless the title is acquired under the authority of the law. It shall therefore be the duty of cany officer of the NaLional Guard to seizf'l or cause to be seized property of the 8tate in possession of parties not entitled thereto; and where such 0fficer has reason to apprehend that any property of 'the State has been wrongfully converted, to seize the same, if such seizure is necessary to preserve the property, or to prevent the escape of the person in possession thereof; and when such officer has reason to apprehend that the property of the State has been secreted or concealed, it shall be his duty to go before an officer anthorized to administer oaths and to make oath that he has reason to believe that said property is so concealed, stating the places to be searched, and it shall then be the duty of a civil officer to issue a warrant authorizing the search of the premises described in the affidavit.
SEC. 75. PAY, RATES OF: Whenever any officer or -enlisted man is ordered on active duty by the Governor, or by his authority, or in pursuance of law, for the purposf\ of quelling insurrection, suppressing mobs, or riot, or otherwise, their pay. in addition to all transportation, quarters and subsistence shall be for each day as follows: Brigadier-generals, six dollars; colonels, five dollars; lieutenant-colonels and majors, four dollars; captains, three dollars; lieutenants, two dollars; all non-commissioned staff officers and first sergeants. one dollar and fifty cents; all other non-commissioned officers, one dollar and twenty-five <len ts; all privates, one dollar; in computing the length of the term of service, a day's pay shall be allowed for each twenty-four hour~, or fraction thereof, beginning with the hour that the duty commences.
Any officer on duty tinder pay who discharges the duties of a higher grade for a period not less than

45
thirty consecutive days, under special assignment from the Governor, shall be paid as of the higher rate of pay.
After fifteen days continuous service, when called out on State duty, the pay and allowances of officers and men shall be the same as for like grades in the United States Army.
Pay when engaged in camp and field service for' instruction,. as provided in sections 14 and 15 of the Act of Congress "To promote the efficiency of the Militia, and for other purposes," approved January 21st, J903, shall be the same as rpceived by like grades in the United States Army_
Troops ordered out for inspection, muster, small arms practice, drill, parade, review, or other ceremony, or field servi.ce for instruction, not extending beyond one day, shall not be entitled to pay unless so specified, by authority of the Governor, in the order' for such service.
The Governor may, in his discretion, deduct, orhave deducted, from the pay due any officer or enlisted man the amount of any indebtedness due the State by sllch officer or enlisted man for military finesor forfeitures, or for damages to, or loss of, any military property of the State, or of the United States issued to the State.
The compensation herein provided for, as well as thecost of transportation, suboistence and quarters, shall be paid out of the Military Fund unless otherwisespecially provided.
SEC 76. :1LLOWANCE TO OFFICERS: Whenever thestate of the Military Fund will permit, the Governor, in his discretion, may prescribe an allowance to officers to cover the expense of their uniforms, arms and equipment.
SEC. 77. ALLOWANCE TO ORGANIZATIONS: Whenever-

46
the state of the Military Fund will permit, the Governor, in his discretion, may make an allowance to each company, and to each headquarters of regiments and unassigned battalions or squadrons, and to signal, engineer and hospital corps, for the purpose of defraying their rent and other incidental expenses, to be paid and accounted for in such manner as may be prescribed by regulations.
SEC. 78. STATE ARMORIES, E'l'C.: The Governor, in his discretion, is authorized to accept donations of lands dnd buildings to be used for military purposes by the organized militia of the State, under such conditions as the donors may nominate, and he is empowered to make such rules and regulations gdverning such property as he may deem best for the interest, of the State and the organized mili tia.
SEC. 79. EXEMPT FROM OIVIL PROCESS: No person belonging to the active militia of the State shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty, and no part of the uniform or equipment of any officer or soldier of the National Guard or Naval Militia of this State shall be subject to levy and sale for debts.
.SEC. 80. RIGH'l'-OF-WAY: The United States forces or troops, or any portion of the Georgia Military Forces, being assembled for any purpose, or performing any duty according to law, shall have the right-of-way in any street or highway through 'which they may pass, provided that the carriage of the United States mails, the legitimate functions of the police, and the progress and operation of fire engines and fire departments shall not be unnecessarily interfered with thereby.
SEC. 81. EXEMPTION FROM STREET TAX AND JURY DUTY: Every officer and enlisted man of the aforesaid :Military Forces shall be exempt from road duty and

47
street tax during the time of his service. Each company of the State Military Forces shall have the privilege of bearing upon its mIl a class of membership, not to exceed thirty in number, to be known and designated as "Special Pay Members," who, upon paying a sum of money, as prescribed by said company, not less than twenty-five dollars per annum, to said company, shall be exempt from jury duty, road duty and street tax so long as such membership is continued. Certificates of membership shall be rrepared and signed by the company commander and delivered to each of the Special Pay Members of the company, and when produced in any court of this State shall be evidence of the right of the holder thereof to the exemptions herein granted.
SEC. 82. TRESPASSERS AND DISTURBERS TO BE AR-
RESTED; LIQuOR AND HUCKSTER SALES PROHIBITED:
The commanding officer, llpon any occasion of duty, or his duly authorized representative, may place in arrest during the continuance thereof, and deliver to the proper civil authorities with charges in writing after relief from such duty, any person who shall, after due warning, trpspass upon the camp-ground, pllrade-ground, armory, or other place devoted to such duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by such troops, or shall disturb or prevent the paRsage of troops going to or returning from any duty, or shall insult, by jeer or otherwise, any officer or soldier while on duty or going to or returning from duty.
He may prohibit and prevent the sale, giving away, or use of all spirituous liquors, wine, ale or beer, the holding of huckster or auction sales, all gambling,and the establishment and maintenance of disorderly places within the limits of the post, camp-grounds, rifle range, place of encampment, drill, parade, reo:

48
view, or other occasion, under his command, or within such limits not exceeding one mile therefrom, as he may prescribe. Any person who shall offend as provided in this section shall be deemed guilty of a misdemeanor, and shall upon conviction be punished therefor.
SEC. 83. UNAUTHORIZED ARMED BODIES PROHIBITED: It shall not be lawful for any body of men whatever, other than the military forces of this State, and the troops of the United States, and bodies of police, to associate themselves together as a military organization or to drill or parade with arms in this State, without the license of the Governor, which license may at any time be revoked, provided the students of educational institutivns where military science is part' of the course. of instruction, may, with' the consent of the Governor, drill and parade under arms in public under the superintendence of their instructors; and provided further, that nothing herein contained shall be construed as to prevent benevolent, secret or sociaf organizations from wearing swords, and parading with side arms. Whoever offends against the provisions 'of this section, or belongs to or parades with any such unauthorized body of men with arms shall be guilty of a misdemeanor, and upon conviction shall be punished therefor.
SEC. 84. UNLAWFUL WEARING OF UNIFORMS: Any person who shall wear any uniform or any device, strap, knot, button, or insignia of any design or character used as a designation of grade, rank or office, such as are by law or general regulation duly promulgated, prescribed for the use of the active militia, or any uniform similar thereto in appearanGe, style or make-up, except members of the Army and Navy of the United States and of the active militia of this or any other State; or who shall in any manner imper-

49
sonate an officer or enlisted man of the active militia of this State, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished therefor; provided, that this section shall not apply to persons wearing on the stage any such uniform at theatrical or like performances.
SEC. 85. STATE FLAG: The flag of the State of Georgia shall be a vertical band of blue next to the flagstaff, and occupying one-third of the entire flag; the remainder of the space shall be equally divided into three horizontal bands, the upper and lower of which shall be scarlet in color, and the middle band white. On the blue field shall be stamped, painted or embroidered, the coat of arms of the State. Every regiment and unassigned battalion or squadron shall, when on parade or review. carry this flag.
It shall not be lawful for any person or persons to use the State flag or coat of arms for advertising purposes, or otherwise desecrate or misuse the same, and those so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be fined therefor.
SEc.86 SPECIAL OR CHARTERED NAMES OF ORGANIZATIO~S: Regiments,. battalions and companies already organized may retain any speeial name or designation they may have adopted, or may have by' charter, if incorporated, and any regiment, battalion or company hereafter organized, may adopt and retain any special name or designation it may select, which name may be changed at any time by a majority vote of the organization, but regiments and unassigned battalions must be numbered in their respective arms, and every company attached to a regiment or unassigned battalion must be designated in such regiment or unassigned battalion by a letter of the alphabet.
4

50
EiEc.87. CHARTERED RIGHTS PRESERVED: Not.hing in thi"s Act shall defeat or impair the existing rights and privileges of any incorporated regiment, battalion or company, under their respective charters and amendments thereto and exemptions allowed by Special Acts of the General Assembly.
SEC. 88. MUSIC: The commanding officer of any organization may employ any band or field music, not part of the organized militia of this State, to furnish music at any drill, parade, review, encampment or occasion, and all members of such band or field music so employed and there present for duty, shall be subject to orders, discipline and regulations, and for that purpose shall be considered as regularly enlisted men during the time of such drill, parade, review, encampment, or other occasion, and for the violation of such orders, discipline or regulations, they shall be liable to all the penalties prescribed for enlisted men by this Act, and shall be subject to trial therefor by a courtmartial during the continuance of such duty or within thirty days thereafter.
SEC. 89. SERVICE 1\iEDALS: To every officer and enlisted man who has served this State honestly and faithfully for six years, continuous or otherwise, and who continues in active service as an officer or enlisted man after that period, there shall be awarded a bronze medal of suitable design and inscription, and after each additional four years of honest and faithful service, continuous or otherwise, there shall be awarded upon like continuance in service, a bronze bar. This law shall retroact in favor of all officers and enlisted men now actively in the service, or who having the prescribed term of service, shall reconnect themselves with the service of the State at some future date; provided, that the time of service in the Confederate States Army or Navy, or in the United

51
States Army as a volunteer of this State subsequent to 18iO, shall be counted double if necessary to make the required length of service. These medals and bars shall be furnished by the State, through the Adjutant-General's office, upon application of the person entitled thereto, approved by intermediate commanders, and the expense of same shall be paid out of the military fund.
SEC. 90. GOVERNOR ApPOINTS BOARDS: The Governor has power to appoint advisory and other military boards as the service of the same shall, in his discretion, be needed.
SEc.91. O);'FICERS ADMINISTER OATHS: Any officer of the military forces of this State is authorized to administer oaths in matters pertaining to the military service, and to witness military papers over his official signature, for which no charge shall be made.
SEC. 92. RETURNS OF FINES AND PENALTIES: All officers of said military forces receiving fines or pecuniary penalties collected by execution shall maj{e a return thereof to the Adjutant-General, or to such officer of his department as he may designate, at least once a year, or oftener if necessary. The AdjutantGeneral shall lay an abstract of same before the Governor annually.
SEC. 93. NAVAL BATTALIO~: In addition to the National Guard, the Governor, in his discretion, may, in time of peace, organize a battalion of naval militia to consist of not less than two, or more than four divisior-s, to be organized by voluntary enlistment, for the defense of coasts and harbors, which battalion shall be designated as the First Battalion, Naval Militia of Georgia. The officers of said battalion shall be a commander; one lieutenant-commander, to act as executive officer; one lieutenant, to act as navigator; one aide j one. ordnance officer; one paymaster, and one

52
surgeon, each with the rank of lieutenant, junior grade .. and there may also be attached to the staff of the commanding officer the following warrant and petty officers: one master-at-arms, one electrician, one chief gunner's mate, one chief quartermaster, four quartermasters, and eight signal men, two yoemen, one hospital steward, who must be a licensed druggist, and one chief boatswain's mate. Also when there is a ship on station, there shall be an engineer's division, to consist of one chief engineer, with the rank of lieutenant, and two assistant engineers, with the rank of ensign, and four oilers and four watertenders without rank. The commander and lieutenant commander are to be elected in a similar manner to field officers of the National Guard, and the other officers and non-commissioned staff officers are to be aPI?ointed, or warranted, by the commander, in a similar manner as officers and non-commissioned staff officers of battalions of the National Guard.
SEC. 94. NAVAL DIVISIONS: Each division of naval artillery and the naval torpedo division shall be commanded by a lieutenant, and in addition shall contain one lieutenant, junior grade, two ensigns, and not less than forty nor more than seventy-two warrant and petty officers and seamen, as enlisted men. The naval torpedo division shall not consist of more than three crews, each of which will contain at least six petty officers and seamen. The first crew shall be commanded by a lieutenant, junior grade, and the second and third crews by two ensigns. Each torpedo crew shall contain at least two men with a practical knowledge of electricity, and two others with a practical knowledge of steam engineering.
SEC. 95. DUTIES OF NAVAL BATTALION: The officers and enlisted men of the aforesaid naval battalion, or any part thereof, shall perform such duty or service

53
as may be ordered by the Governor, and shall be paid the same compensation as provided for like grades in the National Guard, when they have not received any compensation from the United States.
SEC. 96. ALLOWANCES OF NAVAL MILITIA: The naval battalions shall be considered to correspond to a battalion in the National Guard of Geol'gia, and shall be entitled to the same privileges and allowances of such battalion. Each division of such naval battalion shall be considered to correspond to a company of the National Guard of Georgia, and shall be entitled to the same privileges and allowances. The members of the naval battalion, and each division thereof, may form themselves into an organization and adopt by-laws in the same manner with the same powers and subject to the same limitations as are now prescribed for members of companies in the National Guard of Georgia.
S~:c. 97. REGULATIONS TO BE MADE BY GOVERNOR: For the purp03e of carrying in to effect the provisions of this Act, and of the laws of the United ~tates in so far as they may apply to the militia of this State, and of providing for the organization, discipline and government of the militia of this State, in all particulars not therein fully described, the Governor is authorized to make and order such regulations, not inconsistent with law, as he may find necessary, which regulations shall have the same force and effect as pr.ovisions of this Act, until revoked by the Governor; and to furnish to each officer of the militia at least one copy of this Act and of any amendments thereto which may from time to time be made, and of such regulations as may be prescribed, printed in pamphlet form at the expense of the State.
Except as prescribed in the regulations herein provided for, and in all matters not covered by this Act,

54

the regulations, customs and usages of the Army or

Navy of tpe United States, as the case may be, shall

govern, as far as may be applicable, and the regula-

tions and orders of the Governor in force at the date

of the passage of this Act, not inconsistent with law,

shall remain in force until otherwise directed by the

Governor.

.

* SEC. 9S. BREVET BRIGADIER-GENERAL: That from

and after the passage of this Act the rank and title

of BrevN Brigadier-General be conferred upon the

Senior or ranking colonel of the line of the Georgia

State Troops, and commission be issued accordingly.

When two or more organizations join or do duty to-

gether, the Governor, in his discretion, may assign

said officer to the command of said troops under said

brevet rank, and he shall be so assigned if any part of

his command be a part thereof, and while so serving

he shall have all the rights and privileges of a Briga-

dier-General; and provided further, that when said

officer is placed on the roll of the retired officers, as

provided by law, he shall be entitled to be placed

thereon with the full rank of a Brigadier-General.

* Section 98 is an Act of August 11, 1904.

INDEX
TO THE
MILITARY CODE OF GEORGIA.
(Numbers refer to SectiJr:s.)
Accounts (see Claims). Adjutant-General's Department:
Duties of, 11,03,67,73,91. Pay, 9, 75. Organization, 9, 33. Allowances: Armories, 77. Enlisted men, 75, 77. Officers, 75, 76. Naval Militia, 96. Armed Bodies: Not enter or leave State without permission, 68. Unauthorized,83. Armories: State may accept, 78. Trespassing prohibited, 82. Rent allowance, 77, I Articles of vVar: When in force, 17, 32, 60. 115th (Courts of Inquiry), 60. Army Officer, assignment of, 10. Barids, 7,88. Boards: Authority for, 90. Survey, 73. Retiring, 44, 45. Bonds (see Property). ;Brevet Rank, 98.

56
Camps: Annual, required, 55. Adjutant-General to attend, 53. Attendance compulsory, 59. Nuisances around to be abated, 82.
Charters, 87. Ci vii Officers:
Troops in aid of, 20, 21. To order mobs to disperse, 22. May close streets, '1.7. Orders of, to be in writing, 21, 31. Report to Governor, 2!). Claims: Against State, 67. For exemption, 4. Commanding Officer: '1;0 file Jist of command, 4. To disperse mobs, '1.2, 24. To protect command, 25. May close streets, 27. Guarding prisoners, to fix limits, 28. May close barrooms and disorderly places, 19. Report to civil officer. when, 20, 21. Order to, from civil officer to be in writing, 21, 31, To place trespassers under arrest, 28, li2. Reports to Governor, 29. Exemption from prosecution, 24. Venue. change of, 30. Of companies, bonded for property, 73. Of companies, to sign certificates of pay mem-
bers, 81. To abate nuisances, 82. May use civilian bands, 88. Commissary (see Subsistence Department). Commissions: Duration of, 9, 35. Date of rank in, 36, 43. Qualifications, 37, 41. Acceptance and oath of office, 40. Vacation of, by enlistment, 40. Courts-martial: Organization and procedure of, 60. Members can not be sued., 61. Jurisdiction of, 62, 88. Penalties, how collected, 05.

,,7
Civil bands, subject to when, 88. Courts of Inquiry, 60. Definition of Terms, 7. Definition of Militia, 6, 7,93,94,95,96.
When in U. S. service not to be changed, 14. Discharge:
Officers, 45. Enlisted men, 52. Disability of dishonorable, 64. By court-martial, 60. Drafts: When made, 16. Punishmen t for fail ure to report when drafted, 1i. Substitutes, 15. Drills: Number required annually, 54. Attendance required, 53.59. Authorized systems of, 56. Abatement of nuisances at, 82. Civilian music for, 88. Duty: Of Adjutant-General, 11, 53, 67, 73,9:1. Of Staff officers, 12, 13. Failure to report for, 17. Attendance compulsory, 53, 59. Excuses from, 53, 58. Warning for, 57. Of abating nuisances, 82. Of Naval militia, 95. Elections: Rules for, 38. Appeals from, 39. Who are subject to, 41, 38. Of naval militia, 93. Engineer Corps, organization of, 33, 34. Enlisted men: Legal privileges, 24,26.30,79,81,82,84. Term of enlistment, 46, 47. Enlistment papers, 48. Qualifications of, 1, 46, 47, 6-t Transfers, 49. Retirement of, 51. Discharges, 52. Inspection and muster, 53. Sales and issues of property to, 71, 73.

5
Pay of, 75. Service medal, 9.
aval militia, 95, 96. Respon ible for property is ued, 73. Enrollmen t: When made, 3. How made, ~, 5. Examining Board: Appointment, 42, 90. Power of,42. Examination: Of a e ment roll ,5. Of officer. 41. When waived, 41, 43. Exemption: From militia duty, 2. From road tax, jury duty, etc., l. From civil proce s,24 61,79. Person clairning, mu t file statement. 4. From interference, when on duty, 2.
aval militia, 96. Flail; of tate, 5. Governor:
To be Commander-in-Chief of militia, 8. Staff of, 9, 10, 12, 13. Power of, in ca e of invasion, etc., H. Proclamations, Hi, 19. Appoints officers for reserve militia, 1 . Reque t for troops by civil officers, 20. Orders troops on active duty, 20. Pre cribe organization, 34. Appoint and commis. ions officer, 1 ,34,35,38. Remove di ability, 37, 64. Orders elections, 3 . Decide conte ted elections, etc., 39. Pre cribes form for oath, 40, 4 :May cancel commi ions, 40. 44. fay wllive examination , when, 41. Appoint examining board . 42. Appoint- retiring board, 44. Jay order officer before retiring board, 44. May di charge officer, 40, 4il. Fixes term of enlistment, 46, 47. Regulate transfers of officers, men, organization,
etc., 33, 49.

59

Enlisted men retired, when. 51.

Enli ted men di charged, 52.

Appoints day for annual mu ter, 53, 54.

Orders camps and practice marche , 55.

Enforce attendance, 59.

Orders court, 60.

Regulate expenditure of Military Fund, 66, 67.

Regulate armed bodies entering or leaving State,

6.

.

Orders inspections, 53, 69.

Di band companie , 69.

Pre cribe uniform. 70, 72, 97.

Purcha e and ale of property, 71.

Regulate i sues of property, 73.

Appoint board of urvey,73.

Regulates pay, 75.

::\Iakes allowance to officers and organization ,76,

77.

Accept land and building, 7 .

Unauthorized armed bodies, 3.

ppoints all boards, 90.

Organize and pre cribes duties of naval militia,

93,95.

Make regulation, 97.

A. sign men ts under brevet rank, 9 .

flo pital Corp (see medical department), 7, 33.

Inspections:

Annual, 53, 54.

Attendance at. 59,

Inspector-General's Department:

Organization, 9,33.

Duties of, 12, 53, 73.

I ues of property, 73.

Insurrection and Inva ion ( ee riot).

Judge Advocate-General' Department:

Organization, 9, 33.

Duties of, 12.

Is ues of property to, 73.

Marches, practice:

Annual,55.

Attendance compulsory, 59.

Mu ic for. 8 .

Medal, service, 9.

Medical Department:

Organization, Il, 33, 34,93.

60
Duties of, 12. Non-commi inned offic rs warranted, 50. I ue of property, 73. Naval militia, 93. :Military Fund: How provided and u ed, 65, 66,67, Troop paid from, 9, 75. Military chools: In pection of,53. Authority for, 3. Iilitia: Who compo e, 1. Exemptions from, 2. Enrollment, 3. Designation. 6. Definition of term, 7. When u ed, 14, 16,20, 21. Or,!'anization, 33, 34, 93, 94,9 In pection, 53.
ot to leave State, 68. Right-of-way, 80. Pri vileges of, !, 2.
ot to be interfered with, 2. Use of civil music, 8 .
ervice medal, 89. Javal militia, 93, 9!, 95, 96. Mu ic (see Bands), 8 . Mu ter : Annual, 53. Attendance at, 59. Mu ic for, 8 . National Guard ( ce Militia). -aval Militia: Organization, 93, 9-1. Dutie f,95. AlIowance for, 96. liIon-commi8 ioned Officers: Tran fer, 49. Warrant, 50. Retirement, 51. Grade, 34. Oath: Admini tration of, 91. Of office, 40. Of enli tment, 4 .

6\
Officer : Appointment of, 1 34.3 . Legal privilege. U, 26, 30. 7~. 1, ~. Commis ioned by Governor, 35. Performs dutie until relieved, 3':;. Date of rank, 36. Qualification, 37, 64. 'I'o u e di cretion in ca e of riot, 31. Discharge of, 45. Elections. 3 . Oath of office, 40. Examination, 41. Commi ion vacated by enli tment, 40. Retired officer , 43, 4-1. Transfers, 49. Witnes enli tment paper", 4 . In 'pec tion and III u ter, 53. Supply their o\,;n equipment, 70. 'ales to, 71. Re pon ibility for property, 73. May eize property, 74. Pay and allowance , 75, 76. Imper onation of, punished, 4. Witness military papers, 91~aval militia, 95, 96.
Officers, ci vil : U e of troop by, 20, 21. Order of to be in writing, 21. 3l. To warn mob to disper e, 2t. olicitor-General to dpfend officers and men, 24. Report to Governor when troop are u ed, 29 To receive military pri oner for confinement, 63,82. To collect fine , 65. Exempt from militia duty, 2.
Orders: From civil officer to be in writing, 21. 3l. Governor to prescribe organization in, 34. For elections, 38. For duty, how erved,57. To cover pay. 75. General, to be embodied in Adiutant-General's report, 11.

62
Ordnance Department:' Organization, 9, 33. Dutie ,9,12. Is ue of property to, 73.
Organization: Re erve militia, 1 . ational guard. 33, 3~. aval militia, 94, 95, 96.
Pay: Rate of 75. Forfeiture by court-martial, 60. When due, 75. Allowance, 75, 76 77, 96. Of Adjutant-General, 9.
Pay Members, 1. Penaltie :
Concealing information from enrolling officer, 5. Failure of mob to di perse when warned, 23, 26. Tre pas ing on closed treets, 27. Under articles of war, 32. Impri onment, where eXl'cuted, 32, 63. Failure to produce information in conte ted elec-
tion, 39. Failure to testify before examining board, 42. Action of retiring board, 44. Ab ence from annual muster, 53. Court -martial, 60. 6~ . Confinement. 32, 63. For leavin~ tate without permi sion, 6 For failure to care for property, 69. Unlawful holding of property, 73, 74. Interference with troop, 2. For tre pa on camp or drill ground, 2. Unauthorized armed bodie, 83. Unlawful wearin~ of uniform, 84. Mi use of tate fla~ and coat of arms, 5. Imper onation of officer~ or enli ted men, 84. Civil band ubject to military regulations, when,
8. Report of, 92. Proclamation : For troop, 14, 16. Of tate of insurrection, 19. 'Yarning to mob, 22.

63
Property: Annual in pection of, 53. To be kept by Adjutant-General, 11. Issue and care of, 69, 73, 74. al s of, 71. Title to, 74. Land and armories, 7 . Exempt from levy and ale, :-9.
Quartermaster Department: Organization. 9, 33, 3ol. Duties. I? I ue of property. ~3.
Regulations, pre cribed by Governor, 97. Report :
Of Adjutant-General. 1l. Of enrolling officer, 5. Of civil officer. 16,20,29. Of commanding officer, 29. Of officers and men warned for duty. 57. Special, of property, 73.
or fine and penalties, 92.
Re erve )Ii Iitia: Of whom compo ed, 1 "'hen u ed, H. Organization of, 6, 1 . Enrollment of, 3, 4. Drafts and volunteer. 16. Naval, 3,93, 9ol.
Retirement (ee officers). Retiring Boards:
Authority of, 44,90. Juri diction. 4-l, -15. Right-of-Way, 0. Riot: Duty of overnor in case of, 14, 16, 20. Duties of civil officer, 20, 21. Commanding officer to disper e mob, 24,25. Mobs to disper e if troop are a aulted,26.
treet may be clo I'd. 27. Protection of pri oners, 2.. Article of war in force, 32. Service 1edals, n ignal orp, 7, ~3, 34. olicitor-General to defend military person, 24. pecial name , 14, 86, 7.

64
taff: Of Governor, 9. Of organization, 3t. Dutie of, 12, 13. Expiration of commis ion , 3Ci. How appointed, 9, 3 . I sue to,73.
ub i tence Department: Organization, 9, 33. Dutie ,12. I ues to, 73.
ub titute , ]-. :::urvey, Board of, 73, 90. Transfer , 49, Uniform;
'When worn, 43, 51, 84, 97. Prpscribed by Governor, 70, 72, 97. Officer to provide, 70. I ues of, by tate, 69, 72, 73. Exempt from levy and sale, 7ll. UnlawfuJ wearing of, 84.
aval militia, 72, 96, !J7. U. S. Regulations. 97. U. . ervice, militia in, 8,14, 15. Volunteers:
When called for, 16. Failure to report, 17.
ub titutes, ]5. War:
Exempted persons available in, 2. Power of Governor, ]4. 16.
ub titute , 15. Troop called for by U. ., 14, 15.

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