Chap. 451.—An ACT to provide for the organization, maintenance,
and government of the Virginia Volunteers, and to repeal existing
laws concerning the Volunteer Miiitia.

Approved March 17, 1884.

1. Be it enacted by the general assembly of Virginia, That
all existing laws concerning the volunteer militia of the
state, be and the same is hereby repealed, and the following
enacted in lieu thereof.

2. The active militia shall be composed of volunteers, who
shall be styled Virginia volunteers, and in case of war, in-
vasion, the prevention of invasion, the suppression of inva-
sion, the suppression of riots, and to aid civil officers in the
execution of the laws of the commonwealth, they shall first
be ordered into service.

3. The Virginia voluntecrs shall consist in time of peace,
of not more than sixty companies of infantry, eight batteries
of artillery, and ten troops of cavalry. But the commander-
in-chief shall have power, whenever he may deem it advisa-
ble to change the arms of any battery or batteries of artil-
lery, in whole or in part, to Gatling or other similar guns.

4, The Virginia volunteers, when called into service by
state authority, shall serve for sixty days after their arrival
at the place of rendezvous, unless sooner discharged. But
the governor shall at all times have power to retain them in
service for such time, as in his judgment may be necessary:
provided however, that except when the whole military
force is required, no one regiment or company shall be re-
tained for a longer period than ninety days.

5. The Virginia volunteers shall, in addition to the provis-
ions of this act, be governed by the articles of war, which
may be in force for the government of the army of the
United States, and such regulations issued by the commander-
in-chief, as shall not be in conflict with the laws of this state
and of the United States.

6. Officers and soldiers when called into the actual service
of the state, not in the service of the United States, and not
including drills or parades in time of peace, for a period of
more than thirty days, shall receive the same pay and allow-
ances as prescribed for officers and soldiers of the United
States army. If fora period of thirty days or less, officers
shall receive the same pay per diem and allowances as pre-
scribed for officers of like rank in the United States army.
Soldiers shall receive one dollar per day, and the same
rations and allowances as soldiers in the United States army,
for each and every day of actual service. When rations
shall not be issued, the value of the same shall be commuted
by the adjutant-general, and the moncy paid to the soldier in
lieu thereof.

7. All officers and enlisted men of the Virginia volunteers
while on duty, or assembled therefor, pursuant to the call of
the sheriff of any county, or the mayor of any city, in cases
of riot, tumult, breach of the peace, resistance to process, or
whenever called out in aid of the civil authorities, shall re-
ceive the compensation herein provided, and such compensa-
tion, and the necessary expenses incurred in subsisting, quar-
tering, and transporting the troops, shall be paid‘ by the
treasurer of the state, out of any moncys not otherwise ap-
propriated. Such payments shall be made on warrants to be
drawn by the auditor of public accounts, upon the treasurer
of the state, upon certificates of the officer in actual com-
mand of the troops, and upon pay-rolls prepared according
to such forms as the state regulations shall prescribe, such
pay-rolls and certificates to be transmitted to the adjutant-
general, through the regular military channels, and he shall
approve them before such warrants shall be drawn. The
auditor of public accounts and the state treasurer are hereby
authorized and directed to draw the warrants and make the
payments herein provided for. The several railroad and
other transportation companics in this commonwealth, shall
furnish such transportation for troops so called out, stores,
munitions and equipments, upon application of the officer in
actual command, accompanied by a certificate from him, of
the number of men to be carried, and their destination, and a
copy of the ordercalling them out; and for such transportation,
said companies shall be entitled to receive compensation from
the state, and it shall be the duty of the adjutant-gencral to
contract annually, with the various railroad companies of the
state, for rates of such transportation, should there be occa-
sion for it. |

9. The organization of the Virginia voluntcers shall con-
form generally to the provisions of the laws of the United
States regulating the militia, and the system of discipline and
exercise shall conform to that of the army of the United
States, as prescribed for the militia of the United States.

10. Unless specially authorized by the commander-in-chief,
a company of infantry shall consist of not less than forty-one,
nor more than fifty-seven enlisted men; a troop of cavalry
shall consist of not less than thirty-seven, nor more than
seventy-five enlisted men. To each battery of artillery of
four guns, not less than forty-one, nor more than eighty-three
enlisted men. To each battery of more than four guns, for
each additional gun not less than ten nor more than thirteen
enlisted men

11. Whenever a sufficient number of persona shall join
together and declare their purpose, in writing, to form a
volunteer company of infantry, troop of cavalry, or battery
of artillery, by subscribing their names to an agreement to
that effect, they may proceed to elect company officers, as
herein provided; whereupon they shall inform the comman-
der-in-chief of their proceedings and purpose. If the num-
ber of companies authorized by law be not already full, and
if in his judgement the formation of the proposed company
be advisable, the commander-in-chief may authorize them to
proceed with their organization. The captain elect shall
thereupon transmit to the adjutant-general the original agree
ment, signed by the members proposing to organize “eaid
company, troop or battery, together with the proceedings of
the meeting held, of the election, duly attested by its chair-
man and secretary; and whenever the said officers elect are
commissioned by the governor, as hereby provided, and the

oaths provided in section thirteen have been taken and sub-
scribed, said organization shall be a legally organized com-
pany, subje ct to the requirements and entitled to the benefits
and privilezes of this act, and the members thereof consid-
ered as enliste | from tbe date of their original agreement.
Whenever, in the opinion of the governor, the interest of the

volunteer service requires it, in the case of detached compa-
nies, an election may be hel 1 fora junior second lieutenant,
and the governor is hereby empowered a and authorized to
commission the same; and each commissioned officer, whether
of the line, staff or field, shall, within sixty days after the
issuing of bis commission, unless sooner ordered, report to a
board of examiners, consisting of the adjutant-gener al, the
assistant inspector-veneral, (as provided for in section nine-
teen,) and two commissioned ofticers designated by the com-
mander-in-chief, for examination, and if found qualified to
perform the duties of the office to which he has been com-
missioned, he shall give a certificate to that effect; if not
found qualified, he shall be re-examined within thirty days
thereafter—failing on both of said examinations, his com-
mission shall be revoked hy special order: provided further,
that said certificate must receive the approval and be siened
by not less than — of the board of examiners. The
adjutant-veneral shall be president of the board, and shall
report at once the result of all examinations under this sec-
tion, to the governor.

12. If any person elected an officer of a volunteer company
of infantry, troop of cavalry, or battery of artillery, shall
fail, for thirty days after his election, to make application for
examination, or if, on examination, the certificate required
shall be refused, his election shall be void; and if, after four
months from the first election of officers as aforesaid, a fu
complement of officers for the company shall not have been
commissioned, such company shall be disbanded.

13. Every commissioned officer, non-commissioned officer
and private, before he enters upon his duties, shall take and
subscribe, before any officer authorized to administer oaths,
the followi ing oath or affirmation, namely:

I, ——_, “do solemnly swear (or aflirm) that T will support
and maintain the constitution and laws of the United States,
and the constitution and laws of the state of Virginia; that
I recognize and accept the civil and political equality of all
men before the law, and that I will faithfully perform the
duty of ——— to the best of my ability. So help me God.

And every commissioned and non-commissioned ofticer
shall, in addition, take and subscribe the following oath:

1, ———,, swear (or affirm) that I have not, since the first
day of May. eighteen hundred and eighty two, fought in a
duel, the issue of which, was or probably might have been
the death of either party; nor have L been knowingly the
bearer of any challenge or acceptance to fight a duel actually
fought; nor have [T been otherwise envaved or concerned,
directly or indirectly, in a ducl actually Fought since said
time; nor will I during my term of oftice as ——— of
company —— Virginia volunteers, be so “ongased, directly
or indirectly. So help me God,

14. The officer before whom the oath or attirmation is
made. shall furnish the party making it, a certificate of the
following form, namely: This is to certify that A. B., on
this ———— day of ———, Anno Domini, ——— personally
appeared before me, and took and subscribed the oaths (or
See alan a, by the laws of the state of Virginia,
and of the United States, to quality him to discharge the
duties of ———. Any duly commissioned ofticer, above the
rank of first lieutenant, is hereby authorized and empowered
to administer the oaths of office and enlistment mentioned in
section thirteen, and furnish the certificate required.

15. Each volunteer company of infantry, or troop of
cavalry, which is armed and uniformed, may besides its regu-
lar and active members, enroll thirty contributing meni ber:
and batteries of artillery, may enroll sixty contributing mem-
bers, on payment in advance, by‘cach person desiring to be-
come such contributing member, of not less than twenty
dollars per annum, which money shall be paid into the com.
pany treasury, and applied to the purchase of uniforms for
the rank and file of the active members of the company, or
to such purposes as may be authorized by a majority vote ot
the active members of such company, troop or battery.

16. Each active and contributing member of every legally
organized volunteer company of infantry, troop or cavalry, or
battery of artillery, shall be entitled to receive from the com-
manding officer thereof, a certificate of membership, which
certificate of membership, whether of uniformed and active
members, or of contributing members, shall exempt but not
disqualify the person therein named, from jury duty, and from
service as grand jurors, for the period of one ycar, from the
date of his said certificate, in any and all courts of the com-
monwealth. But to entitle the officers and members of a
volunteer company of infantry, troop of cavalry, or battery
of artillery to this exemption, the captain or chief officer of
such company, shall annually, on the first of May in each
year, furnish to the clerk of the hustings or county court of
the county, city or town wherein such company may be, a
list containing the name of each member of his company;
and where there are contributing members to his company,
the name of each contributing member shall be likewise fur-
nished. <All commissioned and non-commissioned officers of
the field and staff shall be entitled to the above named ex-
emption, on certificate from their commanding officer. Said
commanding officer shall furnish a list of his field and. staff
to the clerk of the court. as above provided.

17. The commanider-in-chief may organize and assign a
sufficient number of voluntecr companies, batteries or troops,
not less than six nor more than ten, into a reziment of Vir-
ginia volunteers; and if a sutticient number of regiments of
Virginia volunteers are formed, he may organize and assign
them into brigades and divisions. But if such regiments are
not assigned to a brigade of Virginia volunteers, they shall
report to, and receive their orders direct from the adjutant-
general of the state, and shall be entirely distinct from the
brigade and division organization of enrolled militia of the
district in which they may be formed: provided that in
case of Insurrection or invasion, or whenever the commander-
in-chief may think the public good demands it, he may assign
the aforesaid regiment or regiments of Virginia volunteers,
to any militia organization, and require them to report. to,
and receive all orders from the general officer who may be in
command thereot. |

18. All field officers of regimentsand battalions of Virginia
volunteers shall be elected by the ballots of commissioned
officers of the companies Composing said regiments or bat-
talions. All generals of brigades or divisions of Virginia
volunteers shall be elected by the ballots of the field ofticers
of the regiments and battalions composing said brigades or
divisions. Company ottcers of Virginia volunteers shall be
elected by the ballots of the members of their respective
companies: provided that at all such elections a majority of
the ballots of the qualified voters shall be requisite to an
election. ‘The commissioned and non-commissioned staff of
the Virginia volunteers shall be appointed by the commanding
officer of the respective divisions, brigades, regiments and
battalions. Non-commissioned officers of companics, troops
or battalions shall be appointed by the commanders of their
respective companies, and warrants of non-commissioned
officers shall be issued by their respective regiment or bat-
talion commanders.

19. There shall be elected by the generals of divisions and
brigades, and commandants of regiments, an assistant-inspec-
tor general, who shall be attached to the staff of the senior
officer of volunteers, and subject to his orders when not
acting under the orders of the commander-in-chief, and whose
duty it shall be to make such inspections as the regulations
may require. He shall inspect at least once in each year,
and oftener if the commander-in-chicf shall so order, any and
all armories, and all state property in the hands of the Vir-
ginia volunteers. He shall at leust once in each year, or
oftener, if the commander-in-chief shall order, muster and
Inspect each company, troop or battery of volunteers. He
shall report the result of his inspections to the adjutant-
general. Inspections with reference to disbandment, or on
account of alleged inefficiency or irregularity, shall be made
on specific orders of the commander-in-chief. Such orders
shall clearly set forth their objects, and must be exhibited to
the officers whose commands or affairs are to be examined or
reported—opportunity will be given them at the same time
to explain all apparent neglect or violation of regulations.
Such inspections ordered by the commander-in-chief shall
constitute tours of duty, for which pay, mileage and commu-
tation tor quarters and rations will be allowed the inspecting
ofticer. The assistant inspector-general designated in the first
portion of this section, shall act under the orders of the
commander-in-chief as herein provided; assistant inspector-
generals of divisions or brigades shall act under the orders
of their generals, and shall not. be interfered with by other
officers of whatsoever rank or position belonging to the com-
mands of the officers on whose staffs they are; “their sphere
of enquiry shall include every branch of military affairs, but
may in special cases be defined and limited by orders; their
reports shall be forwarded through the proper military chan-
nels to the assistant inspector-general, designated in the first
portion of this section, and by him to the adjutant-general.

20. The assistant inspector-general, whose election is pro-
vided for in section nineteen, shall rank as lieutenant-colonel
of infantry, and shall receive the pay and allowances of his
rank when acting under orders and in making the annual
inspections ordered and required in section nineteen. He
shall reside in the city of Richmond.

21. The staff of a major-general shall consist of one assis-
tant adjutant-general, one assistant inspector-general, one
ordinance officer, one quartermaster, one commissary, one
surgeon, and one chaplain, each with the rank of lieutenant-
colonel, and two aides-de-camp, with the rank of major, who
Bhall be commissioned by the governor on receipt of a cer-
tificate of their appointment. The staff of a brigadier-general
shall consist of one assistant adjutant-gencral, one assistant
inspector-general, one ordinance officer, one quartermaster,
one commissary, One surgeon, and one chaplain, each with
the rank of major, and two aides-de-camp with the rank of
captain, who shall be commissioned by the governor on receipt
of acertificate of their appointment. Thestaff of each regi-
ment of infantry, artillery and cavalry shall consist of one
surgeon, with the rank of major, one chaplain, one assistant
surgeon, one ordinance officer, one quartermaster, one adju-
tant, and one commissary of subsistance, each with the rank
of captain, who shall be commissioned by the governor, when
a certificate of appointment shall have been furnished by the
commandant of the regiment. Each battalion of infantry
shall be composed of not less than three companies, and com-
muanded by a major elected as prescribed in section eighteen,
and commissioned by the governor upon certificate of election.
The staffs of battalions of infantry and cavalry shall be ap-
pointed by the commandant of the battalion, and shall con-
sist of an adjutant, with the rank of captain, one surgeon,
with the rank of captain, one assistant-surgeon, one quarter-
master, one Commissary Of subsistence, and one chaplain, each
with the rank of first icutenant, who shall be commissioned
by the governor; one xergeant-major, one CommMissary-sergeant,
one hospital steward, and one quartermaster-sergeant, who
shall be each furnished a certificate of appointment by the
commandant of the battalion. Each battalion of artillery
shall be composed of not less than three or more than five
batteries, and commanded by a major of artillery, elected as
prescribed in section eighteen, and commissioned by the gov-
ernor — of election. The staffofia battalion of artillery shall
be appointed by the commandant of the battalion, and shall
consist of an adjutant and an inspector, each with the rank
of captain of arullery; one surgeon, with the rank of major,
and one assistant-surgeon, one quartermaster, one Commissary
of subsistance, one ordinance officer, and one chaplain, each
with the rank of first lieutenant, who shall be commissioned by
the governor; one sergeant-major, one Commissary-sergeant,
ono quartermaster-sergeant, one ordinance-sergeant, one hos-
pital steward, one chiet bugler, and two guidons, who shall
bo each furnished a certificate of appointment by the com-
mandant of the battalion. An assistant-surgeon, with the
rank of captain, may be commissioned by the governor to
serve with each battery of artillery and troop of cavalry.

22. The non-commissioned statf of each regiment sball con-
sixt of one sergeant-major, one ordinance-sergeant, one quar-
termaster-sergeant, and one commissary-sergeant, and one
hospital-steward, who shall be furnished with a certificate of
their appointment by the commandant of the regiment.

23. ‘The commander-in-chief, the generals of divisions and
brigades, and the commandant of each regiment, may order
such parades of the volunteers as may be deemed necessary
by them or either of them.

24. The adjutant-general, and two other officers designated
by the commander-in-chief, shall constitute a board to inspect
and condemn public military property which bas or may be-
come unfit for use; and upon their report to the commander-
in-chief that property so inspected is unfit for use, he ma
order the same to be sold. rhe proceeds of such sales shall
be paid into the treasury of the commonwealth, to the credit
of the military fund hereafter provided for.
25. In time of peace, every commissioned officer, for diso-
bedience of orders, neglect or ignorance of duty, unofficerlike
conduct or disrespect to a superior officer, or for neglecting to
comply with any of tho requirements of this act, shall be ar-
rested and brought to trial before a court-martial, which
may, on conviction, sentence him to be cashiered, incapaci-
tated from holding any military commission, fined to an
amount not exceeding one hundred dollars, or reprimanded,
or may sentence him to all or either of such fines and penal-
ties in their diserction.

26. Any commissioned officer refusing or failing to pay
over money in his hands as directed by the provisions of' this
act, shall be lable to be tried and cashiered, or otherwise
punished therefor by a court-martial.

27. Every commissioned officer and every non-commis-
sioned officer, musician and private, shall, on due conviction, be
subject, for the following offences, to the tines and penaltics
thereto annexed:

First. Every commissioned ofticer for non-attendance at
any parade or encampment, and every such ofticer, non-com-
mixssioned officer, musician, or private, neglecting or refusing
to obey the orders of his superior ofticers, on any day of
parade or encampment, or to perfurm such military duty or
exercise as may be required, or departing from his colors,
post or guard, or leaving his place or ranks, without permis-
sion, @ fine of not more than fifty nor less than five dollars.

Second. Every non-commissioned officer, musician and pri-
vate for non-appearance when duly warned or summoned to
a troop, battery or company parade, a fine of one dollar for
each day, and in case of a troop parading mounted, a fine of
two dollars for each day ; at areyimental or battalion parade
or encampment, not less than three nor more than six dollars
for each day; and at a place of rendezvous when called into
actual service, in case of war, insurrection, or invasion, or im-
minent danger thereof, a sum not excecding twelve months’
pay, nor less than one months’ pay, and for disobedience of
orders, or disrespectful or insubordinate conduct, a fine of
not exceeding fifty dollars; and also, in the discretion of the
court, the offender shall be liable to expulsion from the com-
mand to which he belongs.

Third. Every commissioned or non-commissioned officer,
for neglecting or refusing to obey any order or warrant to
him lawfully given or directed, or to make a proper return
thereof, if such return be necessary, or making a false return,
or neglecting or refusing, when required, to summon ao. delin-
quent before a court-martial, or duly to return such summons,
a fine of not more than twenty-five, nor less than five dol-
lars.

28. Every commissioned officer for neglecting or refusing
to act as such when duly elected and commissioned, may be
sentenced to pay a fine of not less than five dollars; every
non-commissioned officer, for neglecting or refusing to act as
such, when duly appointed and warranted, may be sentenced
Lan |

to pay a fine of not less than two dollars, and every non-com-
missioned officer for neglect of duty or disorderly, unofficer-
like conduct, in addition to other penalties, may be reduced
to the ranks by the commandant of the troop, battery or
company, with the approval of the commandant of the regi-
ment or battalion ; and in the case of aseparate troop or bat-
tery, the approval of the commandant of the brigade or divi-
sion to which such separate troop or battery is attached shall
be required. The captain of a detached company of infantry
may alone so reduce such offender.

29. very non-commissioned officer, musician, or private
who shall without orders, discharge any fire arms within
two miles of any parade, on the day thereof, shall be sen-
tenced to pay a fine of two dollars.

30. Any non-commissioned officer receiving a commission
for a subordinate, shall, within fifteen days thereafter, deliver
the same to the officer entitled to it; and if he wilfully ne-
elects to so deliver it, he shall be liable to pay a fine of not
less than twenty-five dollars, to be imposed by the proper
court-martial, on the complaint of any othcer interested.

31. In addition to the tines and penalties imposed by any
of the provisions of this act, every commissioned and non-
commissioned officer, musician and private of a company,
battery or troop, who shall appear at any parade or encamp-
ment, wearing any personal disguise, or other unusual or ludi-
crous article of dress, or carrying any arms, Weapons or other
implements not required by law, and ‘calculated to excite
ridicule, or to interrupt the orderly and peaceable discharge
of duty by those under arms, shall be liable to a fine of not
more than twenty-tive and not less than five dollars, to be
imposed by the proper court-martial.

82. No action shall be maintained against any member of
a court-martial or officer or agent acting under its authority,
on account of the imposition of a fine or penalty, or for the exe-
cution of a sentance on any person, if such person shall have
been returned a delinquent and duly summoned before such
court, or shall have appeared before such court to answer the
charges made against bim.

33. For the purpose of collecting any fines or penalties
imposed by a court-martial, the president of the court shall,
within fifteen days after the fines or penalties have been im.
posed and approved, make a list of all the persons fined, de-

scribing them distinctly, and showing the sums imposed as
fines or penaltics on each person, and “shall draw his warrant,
under his official signature, directed to any marshal of the
court, or to the sheriff, sergeant, or constable of any city or
county, (as the case may ‘be) thereby commanding him to
levy such fines or penalties together with the costs, on the
goods and chattels of such delinquent, and the said warrant
shall thereupon have the force and effect of a fieri facias, but
such delinquent shall not be entitled to the benefit of any
exemption law of this commonwealth, as against such war-
rant and the lien thereof, except the homestead exemption,
and the exemption provided by the thirty-third and thirty-
fourth sections of chapter forty-nine of the Code of Virginia,
edition of eighteen hundred and seventy-three, where the
same are applicable.

34. On a suggestion by the president of the court, that by
reason of the lien of his warrant, there is a liability on any
person other than the delinquent, & summons may be sued
out from a justice, against Said person, to answer such sug-
gestion, returnable within twenty days, at some certain place
within such county or corporation, to be named in such sum-
mons, before any justice of the county or corporation wherein
the same shall be issued: provided that if there be a justice
of the peace in the ward or magisterial district wherein such
delinquent may reside, at the time of the service of such
summons, the return thercof shall be before him.

35. The person summoncd, shall be examined on oath. If
it appear on such examination that there is any such liability
on him, the justice may order him to pay any debts, or deliver
any estate for which there is such liability, or pay the value
of such estate, to any officer whom he may designate; and
the levy of an execution on such order shall be v alid, although
levied by such officer.

36. If such person, after being served with the summons,
failto appear at the time and “place designated, or if it be
suggested that he has not fully disclosed his liability, tho
proceedings shall be according to the eighteenth and nine-
teenth sections of chapter one hundred and forty-eight, Code
of Virginia, edition of eightcen hundred and seventy- “threo,
mutatis mutandis.

37. Any person summoned under the thirty-third and
thirty-fourth sections may, before the return day of the sum-
mons, deliver and pay to the officer serving it, what he is
liable tor, and the officer shall give a receipt for, and make
return of, what is so paid and delivered.

38. Unless such person shall appear to be so liable for
more than is so delivered and paid, there shall be no judg-
ment against him for costs In other cases, judgments under
the thirty-fourth and thirty-fifth sections may be for such
costs, and against such party as the justice may deem justly
responsible.

39. Every such marshal, sergeant, sheriff, or constable, to
whom any such list and warrant shall be directed and deliv-
ered, is hereby authorized and required to execute the same, by
levying and collecting the fines or penalties within forty days
from the receipt of such warrant, and make return thereof,
to the officer who issued the same. Any refusal or wiltul
neylect on the part of such marshal, sergeant, sheriff, or con-
stable, to execute such warrant as herein required, shall sub-
ject the officer so offending, to a fine of the amount specified
in said warrant, and which said officer so refuses or negiccts
to collect; which said fine shall be prosecuted for by the

resident of such court, against the ollicer so offending, and
his surety, in any court in this state having jurisdiction in
civil actions.
40. Any warrant for the collection of fines issued by virtue
of this act, shall and may be renewed in the same manner
that executions issued from justices’ courts may by law be
renewed.

41. All assemblages of persons armed with fire-arms, for

- Purposes of drill or "parade, except volunteer companies orga-
nized in accordance with the provisions of this act, and mili-
tary schools authorized by law,‘are hereby forbidden, and
may be dispersed in the same manner as other unlawful as-
sem blies.

>» 42. All commissioned officers shall provide themselves with

= such uniforms, arms, and equipments complete, as were pre-
cribed by the commander-in-chief, May the first, eighteen
hundred and eighty-three, in veneral orders number one;
and such uniforms, arms, and equipments shall be free from
all suits, executions, distress, or sales for debt, or payment of
taxes.

. 43. Every organization of the Virginia volunteers shall be

_ provided at the expense of the commonwealth .with such
arms, equipments, colors, musical instruments, books of in-
struction, and of records, blanks, camp and garrison ecquip-
age and military supplies, as may be necessary for the pro-
per training and instruction of the force, and for a proper
performance of their duties under the law, except as provided
in this act. Such property shall be issued to commanders of
brigades, regiments, battalions, companies, or detachments,
by the adjutant -gcneral, upon yequisitions: in such form as
may he preseribed ; but, in time of peace, no arms, equip-
ments, or military supplies shall be issued to or for the use of
any company, troop, or battery, unless the said company,
troop, or battery shall have at least the minimum number of
enlisted men prescribed by law.

o «= s 44. « The uniform of the Virginia volunteers shall be such

I as was prescribed by the commander-in-chief on the first day
of May, eighteen hundred and cighty-three, in general orders
number one; the commander-in-chiet shall have the power
and right to ‘make such alterations, additions and changes in
this order as he may deem necessary.

in 45. The arms, equipments and other property so furnished,

he shall remain and continue to be the property of the common-
wealth, to be used for military purposes only; and such as
have not been properly expended in such use shall be re-
turned when called for by proper authority.

46. Isvery officer receiving public property for military

of use shall, on the firat day of April and October in each year,

*make a full return of all such property for which he is ac-
countable, in such form as may be prescribed, and shall for-
ward the same to the adjutant-general within fifteen days of
such dates.

47. All arms, equipments and ordinance stores, which shall
be furnished to the several commands under the provisions
hereof, shall be deposited in the armories or headquarters of
said commands for safe keeping.
48. Every officer, non-commissioned officer, and soldier »
shall return to the armory, or other place or places of de- ¢
posit, each article of military property of the commonwealth 4
issued to and received by him for use in the military service, ©
within three days after such tour of duty, or forthwith upon
order of his commanding officer; and the possession of any
article of such property by the person to whom it was issued,
elsewhere than in the armory or designated place or places
of deposit, shall be deemed and taken to be prima facie evi-
dence of embezzlement of such article of property by the per-
son to whom it was issued.

49. No soldier shall use, except upon military duty, or by »
special permission of his commanding officer, any article of 5
military property belong to the commonwealth. P

50. Every officer, non-commissioned officer and soldier, to c
whom any article of military property is delivered in pursu-
ance of the provisions hereof, shall be held personally respon- s
sible for its care, safe-keeping and return; he shall use the 4
same for military purposes only, and upon receiving a dis-
charye, or otherwise leaving the military service, or upon the
demand of his commanding officer, shall forthwith surrender
and deliver up the said property to the said commanding
officer in as good order and condition as the same was at the
time he received it, reasonable use and ordinary wear thereof
excepted.

51. Whoever shall willfully or maliciously destroy, injure r
or deface any arms or articles of military property belonging ¢
to the state, or retain any property in violation of the pre- b
eeding sections, shall be deemed guilty of a misdemeanor,
and shall be punished by a fine not exceeding double the
amount of the value of the property so injured or defaced,
or by imprisonment in jail for not less than two weeks nor
more than two months.

52. Whoever shall secrete, sell, dispose of, offer for sale, or
in any manner pawn or pledge, or receive in pawn or pledge,
or buy any of the articles mentioned in this act, or any part
or parts thereof, the property of the state, shall be deemed
guilty of a misdemeanor, and shall, on conviction thereof, be
punished by imprisonment in jail for not less than six months,
nor more than one year, or by a fine of not less than fifty nor
more than one hundred dollars.

53. All commissioned officers of the Virginia volunteers ¢
shall exercise the strictest care and vigilance for the preser- *
vation of the uniforms, arms, equipments and military pro-
perty turnished to their several commands under the provi-
sions hereof; and incase of any loss thereof or damage thereto
by reason of the neglect or default of such officers, or either
of them, to exercise such care and vigilance, he or they shall
be liable to trial by court-martial for neglect of duty.

54. Any officer recciving public property for military use, ¢
shall be accountable for the articles so received by him; and®
he shall not transfer such property, or any portion thereof, e
to another, either as a loan or permanently, without the
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authority of the commander-in-chief, and he shall be liable to
make good to the commonwealth all such property defaced,
injured, destroyed, or lost by any neglect or default on his
part, to be recovered in an action on the case, to be instituted
y an attorney for the commonwealth, at the request of the
adjutant-general, in the name of the commonwealth.

55. Upon the disbandment of any organization which has
received arms, equipments or equipage from the adjutant-
general, in accordance with the provisions hereof, the com-
missioned officers of such organization shall be responsible
for the safe return to the custody of the adjutant-general of
all public property in possession of said organization; and
for any loss or damage thereto, compensation may beobtained
from the officer receipting for such property in the manner

rovided in section fifty-four.

56. Until an officer or his legal representative receive from
the adjutant-general, notice that the property accounts of
such officer have been examined and found correct, the lia-
bility of such officer, or of his estate, for public property, for
which he is or may have been responsible, shall be in no way
affected by resignation, discharge, change in official position,
or death. Upon the death or desertion of an officer responsi-
ble for public property, his immediate commander shall at once
cause the property for which such officer was responsible, to
be collected, and a correct inventory made by actual count
and examination, which inventory shall be forwarded to the
adjutant-gencral, in order that any deficiency may be made
good from the estate of the deceased or deserting officer.
Compensation for such deficiency may be recovered in the
manner provided in section fifty-four. The adjutant-general
shall examine such accounts within sixty days after the re-
turn is made, and notify at once th8 officer or his Jegal repre-
sentative, of the result of said examination.

57. The uniforms, arms and equipments, required by law,
or regulations, of every non-commissioned officer, musician,
and private of the Virginia volunteers, shall be exempt from
all suits, distresscs, executions or sales for debts, or tor the
payment of taxes.

58. Any company organization, may, with approval of a
majority of its commissioned officers and the commander-in-
chief, adopt any other uniform, in addition to that prescribed
in section forty-four; but such uniform shall not be worn ex-
cept when acting under tho exclusive orders of its command-
ing officer.

59. No person belonging to the military forces shall be ar-
rested on any process issued by or from any civil officer or
court, except in cases of felony or breach of the peace,
while going to, remaining at, or returning from any place at
which he may be required to attend for military duty.

61. Volunteer companies of infantry, troops of cavalry, and

"p batteries of artillery, shall have the right to own and Keep
]

real and personal property, necessary for its use, which sha
belong to and be under the control of the active members of
the company; and the commanding officer of any volunteer
company shall have the right and power to maintain any
suit at law or in equity, in his own name, to recover tor the
use of the company, any debts or etfects belonging to the
company, or damages for the injury thereof; and no suit
pending in bis name shall be abated by his ceasing to be the
commanding officer of the company; but upon the motion of
the commander succeeding bim, such commander shall be ad-
mitted to prosecute the suit in like manner, and with like
effect, as if it had been originally instituted by him. Armories
owned by companies, troops or battaries, shall be exempt
from all state, county, and municipal taxation.

62. The commanding officer of each reviment or battalion
may, in his «discretion, organize a band of music lans, and by
warrant, under his hand, nay appoint a leader of such band,
with the rank of sergeant: major.

63. Such musicians shall be subject to the order of such
leader, and be under the command of the commanding officer of
the regiment or battalion; andthe whole, or any part of said
band, may be required by such commanding officer to appear
at any meeting of the otticers for military” purposes, and ¢
any review, inspection, encampment, or parade of such re oat
ment or battalion.

64. The leader and members of such band shall be subject
to all provisions of this act applying to members of volunteer
companies, and be entitled to the same benofits and privi-
leges.

65. The co ommanding officer of each reviment or battalion
shall have authority to disband such band, and to revoke the
warrant of its leader; and when so disbanded the leader and
musicians shall have allowed to them, as part of their term
of service, the time already served.

66. The commanding officer at any parade, may cause
those under his command to perform any field or camp duty
he shall require; and also may put under guard or arrest, for
the day or time of continuing such parade, any officer or sol-
dier who shall disobey the orders of his superior officer, or in
any way interrupt the exercises of the day. He may also
ascertain and fix necessary bounds and limits to his parade,
within which no spectator shall enter without bis leave, and
whoever intrudes within the limits of the parade, after being
forbidden, may be confined under guard during the term of
such parade ; and whoever resists a sentry who attempts to
put him or keep him out of such limits, may be arrested by
order of the commanding officer and carried before a court or
magistrate, to be examined or tried for such assault or dis-
turbance, or breach of the peace. In case of any encamp-
ment, the commanding officer may prohibit, within one mile
of such encampment, all hucksters, or auction sales or gamb-
ling.

67. Every officer whose command occupies, assembles, or
drills in any armory, drill-hall, or building used tor such pur-
pose, shall have control of such premises during the period of
ee

oy

occupation, subject to the orders of his superior commanders ;
and any person who intrudes contrary to his orders or the
orders of his superior commanders, or who interrupts, mo-
lests, obstructs, or insults the troops, or any of them so occu-
pying such premises, may be dealt with as prescribed in sec-
tions sixty-six and sixty-eight, tor like offences, at the discre-
tion of the officer in charge of the troops, or his superior com-
manders.

68. If any person interrupts, molests, or insults by abusive
words or behavior, or obstructs any officer or soldier while on
any duty, or at any parade, drill, or meeting for military im-
provement, he may be put immediately under guard, and
kept, at the discretion of the commanding officer of the bri-
gade, regiment, battalion, corps, company or detachment, as
the case may be, until the duty, drill, parade or meeting is
concluded ; and such commanding officer may turn over such
person to any police officer or constable of the city or town
wherein such duty, parade, drill, or meeting 1s held; and said
police otticer or constable shall detain him in custody for ex-
amination or trial before a court of Justice having jurisdiction
of the place.

69. United States forces or troops, or any portion of the
Virginia volunteers, parading or performing any duty, ac-
cording to law, shall have the right in any street or highway
through which they may pass: provided the carriage of the
United States m: ils, the legitimate functions of the police,
and the progress and operations of fire-engines and fire
departments and street cars shall not be interfered with
thereby.

70. Captains of companies, troops or batteries shall be the
recruiting officers for their commands. [very person re-
cruited tor the Virginia volunteers shall be enlisted as pre-
scribed in this act and in the state regulations.

71. The term of enlistment shall be five years; but any
soldier who has received an honorable discharge, by reason
of the expiration of his term of service, may be re-enlisted
and mustered in, and for a term of one, two or three years,
as he may clect. All terms of service shall commence at
noon on the day of enlistment.

72. The commanding officer of any regiment or separate
battalion may forbid the muster-in of any person enlisted by
a captain of such regiment or battalion, when in his judg-
ment the person so enlisted is unfit to be a member of the
Virginia volunteers.

73. In case of any breach of the peace, tumult, riot or
resistance of law, or imminent danger thereof, it shall be
lawful for the sheriff of any county, or the mayor of any
city, to call for aid upon the governor and commander-in-
chief, and in cases where the emergency is such as not to
admit of this delay, then the commandant of any division,
brigade, regiment or company ; and it shall be the duty of
the commanding officer of the division, brigade, regiment or
company, upon ‘whom such call is made, to order out, in aid
of the civil authorities, the military force, or any part thereof,
under his command. Such call for aid shall be by means of
a summons issued by the sheriff or mayor, directed to the
commandant of any such division, brigade, regiment or ¢com-
pany, directing him to order bis command, or a part thereof,
to appear at a time and place therein specified, to aid the
civil authority in supporting the laws; which summons shall
be in substance as follows:

Commonwealth of Virginia,

To (insert the officer’s title) A B, commanding (insert his
command):

Whereas it has been made to appear to (the sheriff or
mayor, as the case may be) of the (county, city or town) of
, that (here state one or more of the causes above
mentioned) in our of ———, and that military force is
necessary to aid the civil authority in suppressing the same:
Now, therefore, we command you that you cause, (your com-
mand, or such part thereof as may be desired.) armed and
equipped with ammunition, and with proper officers, to parade
at ———, on ———, then and there to obev such orders as
may be given according tolaw. Llereof fail not at your peril,
and have you there this summons, with your doings returned
thereon.

This summons shall be signed and properly attested as the
act of such sheriff or mayor, and shall be under seal, and may
be varied to suit the circumstances of the case; anda copy of
the same shall be immediately forwarded to the commander-
in-chiet. The officer to whom the order of the commander-
in-chief or such summons is directed, shall forthwith order
the troops therein called for, to parade at the time and place
appointed; and shall immediately, by telegraph or other
most expeditious means, notify the commander-in-chief, the
receipt of such summons, and by letter through the usual
military channels. Such troops shall appear at the time and
place appointed, armed, equipped, and with ammunition, and
shall obey and execute such orders as they may then and
there receive according to law.

74. The commanding officer of troops so called upon, shall
be subject to the orders and directions of the civil officer re-
quiring his aid, and for neglecting or refusing to obey such
orders, shall be liable to a fine of not less than one hundred
dollars, nor more than five hundred dollars. Any nor-com-
missioned officer or soldier who shall neglect or refuse to
parade, when called upon for such duty, or to obey the orders
of his commanding officer, shall be liable to a fine of not less
twenty-five dollars, nor more than one hundred dollars. All
orders from civil officers to military commanders must be in
writing and witnessed by two witnesses. Military com-
manders will transmit a copy of such orders at once to their
superiors and to the commander-in-chief.

75. Whenever any officer or soldier shall have faithfully
performed service in the Virginia volunteers, for the term of
five years from the time of his enlistment therein, he shall be
entitled to and shall receive his discharge, and shall be fur-
nished by his commanding officer with a certificate duly set-
ting forth the fact, which shall exempt him from future ser-
vice in the Virginia volunteers, in time of peace, unless he
shall re-enlist, as provided in section seventy-one, and from
first drafts in time of war; which certificate shall, for all pur-
poses, be deemed presumptive evidence thereof. When his
term of re-enlistment shall have expired, he shall also be en-
titled to, and shall receive his discharge. Neither this sec-
tion nor any part of this act, shall be so construed as to pre-
vent the continuance in the service of any officer or soldier
so long as he may be capable to perform the duties required
of him.

76. Any commissioned officer may, upon his application in
writing, be discharged from the service by authority of the
commander-in-chief, and receive a certificate of the length of
time he has served, which time shall be allowed him in his
return of service.

77. Any non-commissioned officer or soldier may, upon ap-
plication in writing, approved by the commander of the com-
pany, be discharged from the service by the commander of
the regiment or battalion to which his company is attached,
and receive a certificate of the length of time he has served,
which time shall be allowed him in his term of service. In
the case of an unattached company, such discharge may be
granted by the commanding officer thereof.

78. The adjutant-general shall distribute all crders from
the commander-in-chief; attend at all public reviews when
the commander-in-chief shall review the Virginia volunteers,
or any part thereof; obey all orders from him relative to car-
rying into execution and perfecting the system of military
discipline established by the laws of the state and of the
United States; furnish blank forms for the different returns
and rolls as may be required; receive from the several offi-
cers of the different corps throughout the state, returns of
the Virginia volunteers under their command, reporting the
actual condition of their uniforms, arms, accoutrements, and
ammunition; their delinquencies, and every other thing which
relates to the advancement of good order and discipline, all
of which the several officers of the Virginia volunteers are
hereby required to make, so that the adjutant-general may
be furnished therewith ; and from all said returns he shall
make*proper abstracts, and lay the same annually before the
commander-in-chief; and he shall annually, on or before the
first Monday in January, make a return in duplicate of the
Virginia volunteers of the state, with the condition of their
uniforms, arms, accoutrements, and ammunition, according to
such directions as he may receive from the secretary of war
of the United States, one copy of which he shall deliver to
the commander-in-chief, and the other of which he shall trans-
mit to the president of the United States.
79. Courts-martial and courts of inquiry shall be appointed,
organized, and conducted as prescribed in the state regu-
lations herein provided for the government of Virginia volun-
teers. Their form of procedure and record shall confurm to
that of like courts in the United States army.

80. When it shall appear trom the inspector's reports that
any company, troop, battery or oflicer has failed to comply
with the requirements of the Jaw or regulations, it shall be
the duty of the adjutant-gencral to report such fact to the
commander-in-chiet, who shall order such inquiry by court-
martial as may be necessary, or issue such orders as may be
necessary to remedy said failure or neglect to comply with
the law and regulations. When it shall appear on inspection
that a company has been reduced below the minimum re-
quired by law, the commanding ofticer shall be notified by
order thereof, and unless said company shall be recruited to
said minimum within sixty dawvs thereafter, the company
shall be disbanded by general order, and its ofticer’s commis-
sions revoked, and all state property accounted for as pre-
scribed in this act.

81. To provide for carrying into operation the provisions
of this act, it shall be the duty of the auditor to set aside,
annually, one-half of one per centum of all receipts into the
treasury derived from regular sources of income, except the
school fund, which sum so set aside shall constitute and be
known as the military fund, which is hereby appropriated to
the uses and purposes set forth in this act: provided, how-
ever, that no otber or further appropriation or sum of money
shall be made, expended or asked for for the purpose of car-
rying into operation the provisions of this act or any of
them.

82. For the purpose of controlling and directing the ex-
penditures and disbursements herein “provided for, the gover-
nor, the adjutant-general, the senior oflicer of volunteers, the
assistant inspector-gener al and the secretary of the common-

talth, shall be and are hereby created a board, to be known
as as the military board; upon the order in writing of any three
of whom, but not otherwise, the auditor shall issue his war-
rant for such sum as shall be directed, payable out of the
military fund. But no bill, claim or allowance shall be or-
dered for payment by said board unless it is itemized, and its
correctness sworn to, for which purpose any member of the
board may administer the oath. Expenditures not speci-
fically provided for in this act, but manifestly in execution
of its general purpose, and for the evident benefit of the
volunteer service, may be made by said board, but only on
the concurrence and the order in writing of all the members.

83. This act shall be in force from its passage; but noth-
ing in this act shall be construed to interfere with the char-
ters of military companies and associations heretofore char-
tered by the general assembly.