Chap. 516.—An ACT to amend and re-enact sections 301, 304, 305, 314,
323, 3387, 348, 366, 368, 372, 372a, and 374, chapter 21 of the Code of
Virginia, in reference to the public defense. (H. B. 323.)

Approved March 16, 1916.

1. Be it enacted by the general assembly of Virginia, That
sections three hundred and one, three hundred and four, three
hundred and five, three hundred and fourteen, three hundred
and thirty-seven, three hundred and forty-e'ght, three hundred
and sixty-six, three hundred and sixty-eight, three hundred and
seventy-two, three hundred and seventy-two-a, three hundred
and seventy-four, chapter twenty-one, of the Code of Virgini2
in reference to the public defense be amended and re-enacted
so as to read as follows:

Section 301. Volunteers: of what to consist.

The Virginia volunteers shall consist in time of peace of
not more than forty companies of infantry, four troops of cav-
alry, four batteries of field artillery, five divisions of naval vol-
unteers, one of which may be a special engineer division, twelve
companies of coast artillery, and such auxiliary troops as may
be prescrib-d by the commarder in chief. But the commander
in chief shall have power to change temnvorarily or nermanently
the arms, in whole or in part of any company, troop, battery
or division to such other arms of the service, or increase and
decrease the number of organizations of said force, as he may
deem advisable.
As amended nineteen hundred and twelve acts, page six
hundred and twenty-two. In force June fourteenth, nineteen
hundred and twelve.

sec. 304. Pay of officers and enlisted men.

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, officers shall receive the same pay and allow-
ances as prescrib-d for officers of like rank in the United States
army or navy. And for each and every day of actual service
the pay of privates shall be one dollar per day, and the pay of
all other enlisted men shall be as designated in general orders of
the commander in chief, and shall be not less than the pay pre-
scribed for the same grade in the United States army. Enlisted
men cf the naval volunteers shall be paid according to their as-
similated grades with those of the land forces herein set forth;
and in addition thereto all enlisted men of Virginia volunteers
shall receive the same rations and allowances as enlisted men
of like grade in the United States army or navy; provided, how-
ever, that in case of a longer period of service than sixty days
at any one time, enlisted men shall receive for such time in ex-
cess of sixty days as they may be retained in the service, the
same pay, rations and allowances as enlisted men of like grade
of the United States army or navy. When rations are not is-
sued, the value of the same shall be commuted by the ad-
jutant general, and the money paid to the enlisted men in lieu
thereof.

Eighteen hundred and thirty-three-four, page six hundred
and twelve; eighteen hundred and ninety-nine, nineteen hun-
dred, page twelve hundred and twenty-six.

See. 305. How troops paid while in service; railroads to
furnish transportation: conditions of the same.

All officers ard erl'sted 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 civil authorities, shall receive the compensation
herein provided, and such compensation, and the necessary ex-
penses incurred in furnishing supplies, subsistence, quartering,
and transporting troops, shajJl be paid by the treasurer of the
State out cf any monies not otherwise appropriated. Such pay-
ments chall be made on warrants to be drawn by the auditor
of public acccunts, on the treasurer of the State, upon certifi-
cates of the officer in actual command of the troops, and upon
pay rcll prepared according to such ferms as the State regu-
lations shall prescribe, such pay rolls and certificates to be trans-
mitted to the adiutent-general, through the regular military
channels, and he shall approve them before such warrants shall
be drawn. The auditor of public accovn‘s and the State treas-
urer are hereby authorized and directed to draw the warrants
and make the payments herein provided for. The several rail-
roads and other transportation companies in this Common-
wealth, 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 order calling them out; and for such trans-
portation said company shall be entitled to receive compensation
from the State, and it shall be the duty of the adjutant-general
to contract annually, with the various railroad companies of
the State, for rates of transportation, should there be occasion
for it, provided such rate shall not exceed any maximum that
may hereafter be fixed by law. (Eighteen hundred and eighty-
three-four, page six hundred and thirteen.) Transportation of
troops and military supplies shall be as speedy as possible and
have the right of way over all passenger and freight traffic on
transportation lines within the State of Virginia, and failure
to furnish transportation when called upon or unnecessary delay
in transporting said troops and supplies, shall be punishable by
a tine of not less than one hundred or more than five hundred
ollars.

Sec. 314. Election of officers of the Virginia volunteers.

The captain and lieutenants of a company shall be elected
by the ballots of the enlisted men of said company; the major
of a battalicn shall be elected by the ballots of the commissioned
officers of the companies composing said battalion; the colonel
and lieutenant-colonel of a regiment shall be elected by the bal-
lots of the commissioned line officers composing said regiment;
if a brigade be formed the brigadier general shall be elected by
the ballots of the colonels, lieutenant-colonels, and of the ma-
jors commanding the battalions of the regiments composing said
brigade; the commissioned officers of a division of naval volun-
teers shall be elected by the ballots of the enlisted men of said
division; the commander, lieutenant commander and navigator
of a battalion of naval volunteers shall be elected by the ballot
of the commissioned line officers of the division composing said
battalion; provided, that at all elections of officers as aforesaid,
in order to be elected. a candidate must receive the vote of a
majority of those eligible to vote. The commissioned and non-
commissioned staff of regiments or battalions shall be appointed
by the permanent commander thereof; and permanent com-
manders of separate battalions of regiments shall appoint the
non-commissioned officers of companies upon the written recom-
mendation of the respective company commanders; non-commis-
sioned officers of unattached companies shall be appointed br
their resvective cantains. The p2rmanent commander of any
regiment, separate battalion, or unattached company may reduce
‘to ranks any non-commissioned officer of his command. When
‘the electors neglect or refuse to fill a vacancy, the colonel of
the regiment or maior of the separate battalion in which the
vacancy exists, shall appoint a suitable person thereto, but not
1916.] ACTS OF ASSEMBLY. 873

before such vacancy has existed for at least ninety days from
the date of the order authorizing an election; such vacancies
shall be nlled by the appointment of the adjutant general in the
case of unassigned companies. (Eighteen hundred and eighty-
three-four, page six hundred and sixteen; eighteen hundred and
ane nineteen hundred, page twelve hundred and twen-
-Six.

Sec. 337. Unlawful armed assemblages may be dispersed.

All assemblages of persons armed with firearms, or in un-
lawful or unauthorized uniforms, for purposes of drill: or pa-
rade, except volunteer companies organized in accordance with
the provisions of this chapter, and military schools authorized
by law, are hereby forbidden, and may be dispersed in the same
manner as other unlawful assemblies, (eighteen hundred and
eighty-three-four, page six hundred and twenty-two.) :

Sec. 348. Selling or pawning property furnished.

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 arms, uniforms or equipments, the property of
the United States or of the Commonwealth, knowing, or hav-
ing reason to believe, the same to be the property of the United
States or the Commonwealth shall be deemed guilty of a misde-
meanor, and shall, on conviction thereof, be imprisoned in jail
for not less than six months nor more than one year, or in the
discretion of the jury, be fined not less than fittv dollars nor
more than one hundred dollars (eighteen hundred and eighty-
three-four, page six hundred and twenty-three; nineteen hun-
dred and twelve, page six hundred and twenty-two.) —

Sec. 366. Term of enlistment.

The term of enlistment shall be three years; but any sol-
dier who has received an honorable discharge by reason of the
expiration of his term of service, or has been honorably dis-
charged from the United States army or navy, or who has at-
tended any institution of learning in the State where military
instruction is given under the supervision of an officer of the
United States army for a period of two or more years, and who
has left such institution in good standing may be re-enlisted or
enlisted, as the case may be, and mustered in for a term of one,
two or three years, as he may elect. All terms of service shall
commence at noon of the day of enlistment. (Eighteen hun-
dred and eighty-three-four, page six hundred and twenty-six;
eighteen hundred and ninety-seven-eight, page five hundred and
fifteen.

Seo. 868. How troops called out in time of danger.

In case of any breach of peace, tumult, riot, or resistance of
law, or imminent danger thereof, it shall be lawful for the sher-
iff of any countv, or the mayor of any city, to call upon the
governor for aid, and, in cases where the emergency is such
as not to admit of delay, upon the commanding officer of any
division, brigade, regiment,, separate battalion, company, bat-

110
tery or troops; and it shall be the duty of the commanding offi-
cer of the division, brigade, reg ment, separate battalion, com-
pany, battery or troop, 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 commanding officer of any such division, brigade, regiment,
separate battalion, company, battery or troop, directing him
to order his command, or a part thereof, to appear at a time
and place therein specified, to aid the civil authority in sup
porting the Avis which summons shall be in substance as fol-

Ows:

Sec ened ener cesseeces ss:

“Commonwealth of Virginia.
“To (insert the officer’s title) A. B. commanding (insert his
command) :

i “Whereas, it has been made to appear to (the sheriff ?
mayor, as the case may be) of the (county, city or town), of
cue e eee eeee that (here state one or more of the causes above
mentioned) in our .........cceee0. 0) and that
military force is necessary to aid the civil authority in sup-
pressing same: Now, therefore, we command you that you
cause (your command, or such parts thereof as may be desired)
armed and equirped with ammunition, and such proper offi-
cers, to parade at ........cccccccces ON ..cccccccccccscces
then and there to obey such orders as may be given according
to law. Hereof 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 may be varied to suit the cir-
cumstances of the case; and a copy of the same shall be imme-
diately 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 com-
mander in chief, of the receipt of such summons, and also by
letter through the usual military channels. Such troops shall
appear at the time and place appointed, armed, and equipped
with ammunition, and shall obey and execute such orders as
they may then and there receive according to law. (Eighteen
hundred and eighty-three-four, page six hundred and twenty-
six; nineteen hundred and twelve, page six hundred and twenty-

two.)
Sec. 872. How Non-Commissioned Officer or Soldier Dis-
charged.

' Any non-commissioned officer or soldier may, upon applica-
tion in writing, approved by the commander of the company,
or without such application, upon his permanent removal from
his company station, or upon expiration of his term of enlist-
ment, be discharged from the service with statement of his
services by the commander of the regiment or separate 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 com-
pany such discharge may be granted by the commanding officer
thereof. (Eighteen hundred and eighty-three-four, page six
hundred and twenty-eight. )

Sec. 372-a. Retired list of members Virginia volunteers.

There shall be a retired list of officers and enlisted men of
the Virginia volunteers.

Any rerson who shall have been appointed and served as ad-
jutant general. and shall have resioned. or been relieved, or anv
officer or enlisted man in the Virginia volunteers who shall
have served for at least ten years as an active member in the
Virginia volunteers or ten years computing the period served
in the Virginia volunteers and the period in which he shall have
served in the active service of the Confederate States or United
States or as a cadet at the Virginia Military Institute or the
Virginia Polytechnic Institute, may, upon his own application
through the regular military channels to the commander in
chief, be placed upon the retired list of Virginia volunteers, and
may only be required to answer any summons in aid of the civil
authorities and to attend an annual inspection and muster of
the command to which he belonged before retirement; provided,
that any officer or enlisted man who may have received an hon-
orable discharge from the service of the Virginia volunteers,
after having served at least ten years therein, may, upon his
application, in like manner, be placed upon the retired list.
Officers shall be commissioned on the retired list in their re-
spective grade, or the highest grade held by them in the mil-
itary service of the State or United States, except in case of
officers who have to their credit fifteen years or more of ser-
vice, such officers may, in the discretion of the commander in
chief, be retired with commission of their respective grade, or
of the next higher service grade to the highest rank held by.
them in the military service of the State or United States; non-
commissioned officers shall receive warrants as of the retired
list with the rank held when retired; provided further, how-
ever, that if at any time during the ten years service required
by this act such officers or non-commissioned officers shall have
been in the service of the ex-Confederate States or of the United
States, holding commissions or warrants of higher grade than
those held by them at the time of their entrance into the ser-
vice of the ex-Confederate States or the United States, such offi-
cers shall be retired with commissions of the highest grade held
by them white in the service of the ex-Confederate States or
the United States; and such non-commissioned officers shall re-
ceive warrants of the retired list with the highest rank held
by them when in the service of the Confederate States or the
‘United States. All retired officers, non-commissioned officers
and privates, retired, shall be borne upon the rolls of the re-
spective command to which they belonged before retiring or to
‘which they were attached by orders of the commander in chief
as such. They shall be a part of said command and shal! so
remain unless dismissed from the service by court martial or
discharged at their own request, provided, however, that noth-
ing in this section contained shall in any wise conflict with the
provisions of section three hundred and nine, by the Code.
In computing the term of service necessary to be placed on
the retired list herein provided for the time of service of any
applicant in the army or navy of the ex-Confederate States of
America shall be considered a part of said ten years service;
provided, that nothing herein contained shall be construed as
exempting commissioned and non-commissioned officers and
privates from jury service.

Re-entry into the active military service of the State or
United States shall discharge officers and enlisted men from the
retired, list, and for any future retirement new application shall

made.

All officers, non-commissioned officers and privates hereto-
fore p'aced on the retired list by virtue of the provisions of the
act approved March third, eighteen hundred and ninety-two,
shall be transferred to and borne upon the retired list of Vir-
ginia volunteers hereby created. (Eighteen hundred and nine-
ty-one-two, page nine hundred and eighty-three; nineteen hun-
dred and one, page three hundred and sixty-five; nineteen hun-
dred and twelve, page six hundred and twenty-two.)

Sec. 374. How courts martial and courts of inquiry ap-
pointed, organized and conducted.

(1) In time of war or service in the field, at the call of
the State or the United States, in encampment or in aid of the
civil authorities, courts martial and courts of inquiry shall be
appointed, organized and conducted as like courts are appointed,
organized and conducted in the United States army and their
form of procedure and record shall conform to that of such
courts.

(2) In time of peace, and when not in service of the State
or the United States, as aforesaid, the line officer second in rank
in each regiment or separate battalion when concentrated, or
in any part of a regiment or separate battalion when the com-
panies or battalions thereof are stationed together or are acting
as a unit or in a company or battery when stationed or acting
alone, or when but one commissioned officer is present with a
command, then that officer (the ranking sergeant present for
duty in such cases making the complaint) shall constitute a sum-
mary court for the trial of all enlisted men of their respective
commands charged with offenses punishable by fines as pro-
vided in this chapter. Provided, however, that the adjutant
general may, when the good of the service demands it, desig-
nate by a special detail the officer to constitute any summary.
court for which provision is made in this chapter. Such courts
shall have power to have the alleged offender and witnesses
brought before it by a warrant issued by such court and de-
livered to any sheriff, sergeant or constable, of a city, county,
or town; and it shall be the duty of said sheriff, sergeant
or constable to execute said warrant as other criminal warrants
are executed, and he shall be entitled to the same fee for such
services which shall be paid to him in the same manner as are
allowed and paid him for executing other criminal warrants.
Such courts shall summon alleged offenders and witnesses be-
fore it at a reasonable time and place, which summons shall
be served by an orderly of the court or the said civil officers as
other summons are served, and should the alleged offender ab-
scond, or neglect or refuse to appear, the court may proceed to
trial in his absence as though he were present and had entered
a plea of not guilty.

Said court shall have power to administer oaths and to hear
and determine the case, and when satisfied of the guilt of the
accused party, may impose the appropriate fine as provided in
this chapter.

There shall be summary court record book, or docket, kept
at each company, troop, or battery, post or armory, and in the
field at the headquarters of the command, in which shall be en-
tered a record of all the cases heard and determined, and the
action had thereon, and no sentence adjudged by said summary
court shall be executed until it shall have been approved by the
company, troop, or battery commander, and if the company,
troop or battery be attached to a regiment, separate battalion
cr battal'on of a regiment, concentrated and acting as a unit,
by the commanding officer of such regiment or battalion, pro-
vided that the governor be, and he is hereby authorized to pre-
scribe specific penalties and fines for such minor offenses as
he may deem properly cognizable by such courts; provided,
further, that any enlisted man convicted of any offense by such
court when the fine imposed is in excess of ten dollars may
appeal in writing for a new trial before a general court martial,
giving in all cases his reasons therefor. In case of any such
appeal the said writing shall be delivered to the officer consti-
tuting said court who shall forward the same together with a
statement in writing of the reasons for the finding of the court
which is complained of through the said commanding officer, and
the said commanding officer shall approve or disapprove the ap-
peal and state his reasons for the action taken in an indorse-
ment before forwarding the same. Provided, further, that the
sentence and judgment of said court shall have the same force
and effect as that of any justice of the peace, and when counter-
signed by said commanding officer and in case of appeal for new
trial by general court by the adjutant general of Virginia (the
fact of an appeal for such trial and its refusal being noted on the
face of the warrant or the fact that no such appeal was made),
the warrant of such court shall be ir all respects proceeded upon,
and shall have the same force and effect, as is prescribed in
section three hundred and twenty-nine and the following sections
of this chapter. For the trial of commissioned officers or for
the infliction of a sentence of dishonorable discharge from the
military service of Virg nia, whether of an officer or an enlisted
man, or for the purposes of a court of inquiry, there shall bea
general court martial, which shall be composed of not less than
three commissioned officers (if practicable in the case of officers
of equal rank of the accused), who shall hear and determine the
case in accordance with the military laws of this State, and of
the United States, and forward its findings and the record of
its proceedings to the governor, by whom its sentence shall be
approved before the same is executed. Said court shall have all
the powers, rights, and privileges hereinbefore vested in the
summary court, especially in regard to administering oaths,
compe'ling the attendance of witness and alleged offenders, and
in regard to enforcing its sentence and the collection of fimes,
save that the senior member of the court who shall be the presi-
dent thereof, shall give all warrants and summons under his
hand, which shall have the same force and effect and be proceeded
upon in the same manner as is provided for like cases of a sum-
mary court, its warrants for the collection of fines, being en-
dorsed with the approval of the governor; provided, however,
that whenever said court sfall ascertain the punishment of an
offender to be a dishonorable discharge from the military ser-
vice of this State, it may sentence such offender to confinement
in the city or county jail, as the case may he, for a period of not
exceeding ten days; provided, further, that no such sentence
shall be executed, unless and until it has been approved by the
governor and commander-in-chief, to whom the record and pro-
ceedings shall be forwarded.

If such sentence is so approved, the president of said court
shall deliver his warrant with the approval of the governor as
aforesaid endorsed thereon, and the said sentence contained
therein to the sheriff, sergeant, or constable of any city, town or
county, whose duty it shall be to arrest said offender and deliver
him at said jail, where he shall be received and confined for the
time spec‘fied in said warrant.

Said courts shall have attached to them a judge advocate,
whose duties shall be such as are prescribed for such officer by
the laws of this State and of the United States, and when ex-
pressly authorized by the governor, an official stenographer mar
be emploved by the president of the covrt.

The officers and members of said courts, summary and gen-
eral, shall have and enjoy all the privi'eges and immunities en-
joyed by any other court, as is provided in section three hun-
dred and twenty-eight of the Code.
1916.] ACTS OF ASSEMBLY. 879

They shall receive for their service each, including the judge
advocate, the prescribed pay of their respective grades pre-
scribed in this chapter, and transportation when actually em-
ployed in the trial of cases or traveling to and from their home
stations in the performance of this duty, which shall be all the
compensation for such services, and no other expenses shall be
allowed to officers of said court in any case, and shall sit not less
than six hours each day while the court is in session unless com-
pleting the business before them within that time; provided,
however, that the general court shall be assembled only by order
of the governor and commander-in-chief; and provided, that the
summary court shall sit not oftener than twice each month, and
not less than four hours, and shall receive only the regular per
diem, and no other compensation or expenses shall be allowed
the said court. ,

Both the summary and general court may have an orderly
in attendance, who shall act as court crier, serve summons, and
perform such other duties as may be required of him by the
court, and in discharge of his duties he shall be clothed with the
powers and authority of a constable, and shall receive the sum
of one dollar per day, for attending upon the court, and in addi-
tion for serving a summons, the same compensation now allowed
sheriffs, sergeants and constables for like service.

1 fines e-llec‘ed by said courts shall be turned into the
treasury and placed to the credit of the military fund, and shall
be acc-unted for by the civil officer collecting them as fines im-
posed by a justice of the peace are accounted for.

The costs attendant upon holding such courts, shall, upon be-
ing approved by the president of the court, be forwarded to the
governor, and upon being approved by him, shall be paid out
of the military fund. (Eighteen hundred and eighty-three-four,
page six hundred and twenty-nine; nineteen hundred and one-
two, page eight hundred and eight; nineteen hundred and twelve,
page six hundred and twenty-two.)

S2c. 323. Offenses and penalties.

Every commissioned officer, and every non-commissioned offi-
cer, musician, and private, shall, on due conviction, be subject
for the following offenses, to the fines and penalties herein
ennexed:

First. Every commissioned officer for non-attendance at
any parade or encampment, and every such officer, non-commis-
sioned officer, mucvician, or private, neglecting or refusing to
obey the orders of his superior officers on any day of parade or
encampment. or to perform such military duty or exercise as
may be required or departing from his colors, post, or guard, or
leaving his place or ranks, without permission, a fine of not
less than five nor more than fifty dollars.

Second. Every non-commissioned officer, musician, or pri-
vate. for absence without proper excuse from or tardiness with-
out like excuse in attending any drill, parade, encampment, meet-
ing for instruction, or other duty, ordered by competent author-
ity, a fine of not less than one dollar nor more than five dollars
for each day or part thereof of such absence; and at a place of
rendezvous when called into actual service, in case of war, riot,
insurrection, or invading, or imminent danger thereof, a sum
not exceeding twelve months’ pay, nor less than one month’s
pay and for disobedience of orders, or disrespect or insubordi-
nate conduct, a fine not exceeding fifty dollars; and also in tne
discretion of the general court martial the offender shall be
liable to such other punishment as the general court martial
may determine.

- Third. Every commissioned or non-commissioned officer, for
neglecting or refusing to obey any order or warrant to him law-
fully given or directed, or to make a proper return thereof, if
such return be necessary, or making a false return, or neglect-
ing or refusing when required to summons a delinquent before
a court martial, or duly to return such summons, a fine of not
less than five nor more than twenty-five dollars.

An emergency existing in that field officers are frequently
being elected, this act shall be in force from its passage.