Chap. 25.—An ACT to amend and re-enact Section 1 of Article I, as amended,
relating to Composition of the Militia, and Section 4 of Article II, relating to the
Military Board, and Section 3 of Article VI, relating to Manner of Ordering
out Unorganized Militia, of Chapter 446 of the Acts of the General Assembly
of 1930, approved March 27, 1930, and designated as the Military Code of
Virginia. [S 23]

Approved February 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That section one of article one, as amended, and section four of
article two, and section three of article six, of chapter four hundred forty-
six of the Acts of the General Assembly of nineteen hundred thirty, ap-
proved March twenty-seven, nineteen hundred thirty, and designated as
the Military Code of Virginia, be amended and re-enacted, as follows:

ARTICLE I.—CLASSIFICATION OF MILITIA

Section 1. Composition of the Militia—The militia of the State of
Virginia shall consist of all able-bodied male citizens of this State and all
other able-bodied males resident in this State who have or-shall have
declared their intention to become citizens of the United States, who shall
be more than sixteen years of age and, except as hereinafter provided,
not more than fifty-five years of age, and the militia shall be divided into
three classes, the national guard, the naval militia, and the unorganized
militia.

ARTICLE II—GENERAL ADMINISTRATIVE OFFICERS

Section 4. Military Board—For the purpose of controlling and di-
recting the expenditures and disbursements of the Division of Military
Affairs, the Governor, the Adjutant General, the Senior Officer of the
Virginia National Guard, or whenever the Virginia National Guard is
mustered into the service of the United States, and until it be returned
to State service, the Senior Officer of the State Guard, the Secretary of the
Commonwealth, or in the event the office is abolished by law, the Secre-
tary of State, and one other member to hold office during the pleasure of
the Governor and to be appointed by him, such member to be an officer
of the National Guard with Federal recognition and of more than three
years’ service and above the rank of captain, or an officer of the State
Guard whenever it 1s organized and functioning in lieu of the Virginia
National Guard, shall be, and are hereby, created a board to be known
as the “Military Board”. Upon the order in writing of any three of
whom, but not otherwise, the Adjutant General shall issue his warrant for
such sum as shall be directed, payable out of the appropriation to the
Division of Military Affairs. But no bill, claim, or allowance, shall b
ordered for payment by the board unless it is itemized, and its correct
ness sworn to, for which purpose any member of the board, as well as any
officer authorized by the laws of Virginia to take acknowledgments o
deeds or other instruments, may administer the oath. Expenditures no
specifically provided for but manifestly for the benefit of the military serv
ice, may be made by the board, but only on the concurrence and the orde
in writing of a majority of the members. The Military Board shall hav
the care and control of the State military reservation, near Virginia Beach
and of such other real estate as the Commonwealth may acquire for mili
tary purposes, and it shall be the duty of the board to provide for th
proper care of such property and the buildings thereon. For the main
tenance, upkeep and improvement of the military reservation or reserva
tions, the Military Board may expend from the appropriation to the
Division of Military Affairs such amounts as may be necessary.

The Board may employ as secretary one of the clerks in the Adjutan
General’s department, and the members of the board shall receive nc
compensation for their services except that the military members, othe:
than the Adjutant General, shall receive the pay and allowance of thei:
rank to cover attendance at meetings of the board.

ARTICLE VI—UNORGANIZED MILITIA

Section 9. Manner of Ordering out Unorganized Militia.~—The Gov-
ernor shall, when ordering out the unorganized militia, designate the
number. He may order them out either by calling for volunteers or by
draft. He may attach them to the several organizations of the Nationa’
Guard or Naval Militia or organize them into separate brigades, regi-
ments, battalions, companies, separate corps, batteries, troops, or divi-
sions, as may be best for the service.

Whenever the Governor orders out the unorganized militia he may
organize it into a State-wide military unit and upon his doing so the unit
so organized is to be known as the Virginia State Guard, and the Gover-
nor may organize such other units, military or naval, State-wide or local
as needed and he may give them such names or designations as he deems
proper.

2. An emergency exists and this act is in force from its passage.