Chap. 296.—An ACT to Provide for the Organization of the Volunteer
Militia of the State, and to Repeal Existing Liws Concerning the
Same.

Approved March 26, 1872.

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be and the same are hereby repealed and the following enacted
in heu thereof : }

CHAPTER I.
The volunteer militia.

1. The active militia shall be composed of volunteers, and in
case of war, invasion, the prevention of invasion, the sup-
pression of riots and to aid civil officers in the execution of the
laws of the commonwealth, shall first be ordered into service.

2. The organization of the active militia shall conform gene-
rally to the provisions of the laws of the United States regu-
lating the militia, and the system of discipline and exercise
shall conform to that of the army of the United States or pre-
scribed for the militia of the United States.

3. The volunteer companies shall consist of not less than
fifty nor more than one hundred men, to be raised by voluntary
enlistment for five years.

4. Whenevera sufficient number of persons shall join together
and declare their purpose in writing to form a volunteer com-
pany, by subscribing their names to an agreement to that effect,
they may proceed to elect company officerg as provided in sec-
tion eighteen of this chapter: provided, their numbers shall
not consist of less than fifty nor more than one hundred per-
sons. The captain elect shall thereupon transmit to the adju.
tant general the original agreement signed by the members
proposing to organize said company, together with the proceed-
ings of the meeting held, of the election, duly attested by its
chairman and secretary; and whenever the said officers elect
are commissioned by the governor, as provided in section six.
and the oaths of office, as provided in section thirteen, shal
have been taken and subscribed by the members thereof, said
organization shall be a legally organized voluntcer company o!
the militia of this state, subject to the requirements, and enti
tled to all the benefits and privileges of this act, and the mem.
bers thereof considered as enlisted from the date of their origi.
nal agreement.

5. The commander-in-chief shall, from time to time, appoint
for each of the counties of the state, three competent persons
who may or may not reside in the counties for which they are
appointed, (and the same persons may be appointed for several
counties if the governor shall decide it expedient to appoint
them), who, either together or separately, shall examine all
persons who have been elected officers of volunteer companies
as aforesaid, and who shall apply to be examined. If said per-
sons so appointed shall be satistied from the examination made
by them that the persons so elected and applying possess sufii-
cient knowledge of military tactics to make competent and eff-
cient officers, they shall give to such persons a certificate, stat-
ing that they have made the examination required by this act,
and that they find such persons well qualified to make efficient
officers. A certificate to the like effect shall also be returned
to the adjutant general of the state, and every such certificate
shall be signed by each of the three persons appointed as afore-
paid.

6. On presentation of such certificate to the governor, if he
shall find a like certificate has been returned to the adjutant
general, he shal] forthwith commission such persons.

7. If any person elected an officer of a volunteer company
as aforesaid shall fail, for one month after his election, to make
application for examination as aforesaid, or if on examination
the certificate required shall be refused, his election shall be
void; and if after three months from the first election of offi-
cers as aforesaid, a full complement of officers for the company
shall not have been commissioned, such company shall be dis-
banded.

8. If three months shall elapse from the organization of any
company, and less than forty members thereof shall have pro-
vided themselves with uniforms, such company may be dis-
solved by order of the commander-in-chicf, and the commis-
sions of its officers revoked.

9. In case of vacancy occurring in the commissioned officers
-f a volunteer company, and such company refusing or neglect-
ng to fill such vacancy for three months, the commander-in-
shief may appoint and commission a suitable per son to fill such

vacancy.

10. Ey ery commissioned officer and non-commissioned officer,
vefore he enters upon his duties, or exercises any command,
shall take and subseribe in such manner. and before such per-
on as the commander-in-chief may direct, the following oaths
or affirmations, viz: I, A B, do solemnly swear (or attirm) that
[ will bear true alleciance to the state of Virgimia, and will sup-
ort the constitution, so help me God. IT, A B, do solemnly
swear (or affirm) that I will faithfully and impartially discharge
incl perform all the duties incumbent upon me. according to
he best of my ability and understanding. azrecable to the con-
stitution and laws of the state of Virginia, so help me God.
[, A B, do solemnly swear (or affirm) that Iwill support the
constitution of the United States and the laws made in pursu-
ince thereof, so help me God.

11. The officer before whom the oath or affirmation is made,
hall furnish to the party making it a certificate of the follow-
ing form, viz: This is to certify that A B, commissioned as
within, on this | day of A. D. » personally
appeared and made the oaths (or affirmations) as required by
the laws of the state of Virginia and of the United States, to
qualify him to discharge the duties of his office before me.

12. Each volunteer company, which is armed and uniformed,
may, besides its regular and active members, enroll thirty con-
tributing members on payment in advance by each person
desiring to become such contributing member, of not less than
twenty dollars per annum, which money shall be paid into the
company 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 the by-laws of such
company.

13. Each active and contributing member of every legally
organized volunteer company shall be entitled to receive from
the commanding officer thereof a certificate of membership,
which certificate of membership, whether of uniformed and
active members, or of contributing members, shall exempt the
person therein named from jury duty for the period of one
year from the date of his said certificate.

14. The commander-in-chief may organize and assign a suf-
ficient number of volunteer companies—not less than six nor
more than ten—into a regiment of volunteer militia; and, if a
sufficient number of regiments of volunteer militia are formed,
he may organize and assign them into brigades and divisions.
But if such regiments are not assigned to a brigade of volun-
teer militia, 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.

15. All field ofticers of regiments and battalions of volunteer
militia shall be elected by the ballots of the commissioned ofti-
cers of: the companies cqmposing said regiments or battalions;
all generals of brigades or divisions of volunteer militia shall
be elected by the ballots of the commanding officers of the
regiments and battalions composing said brigades or divisions;
company officers of volunteer militia shall be elected by the
ballots of the memhers of their respective companies: provided,
that at all such clections a majority of the ballots of the quali-
fied voters shall be requisite to an election. The commissioned
and non-commissioned staff of volunteer militia shall be ap-
pointed by the commanding officer of the respective division,
brigade, regiment, battalion or squadron. Non-commissioned
officers of companies shall be appointed by the commanders of
their respective companics, and warrants of non-commissioned
officers shall be issued by their respective reyimental or bat-
talion commanders.

16. Every volunteer company may make by-laws and regula-
tions for its own government, which, unless contrary to the
laws of this state or of the United States, shall be obligatory
upon its members; and whenever any fine or penalty for ab-
>

sence from drill, neglect of duty, or other cause, shall be im-
posed by virtue of such by-laws, the same may be collected by
execution in the same manner as judgments rendered by a
justice of the peace, for the use of said company, upon a state-
ment, certified by the commanding officer thereof, showing
how, when and for what amount said fine or penalty was assessed.

17. All assemblages of persons armed with fire-arms for pur-
poses of drill or parade, except volunteer companies organized
m accordance with the provisions of this act, are hereby for-
bidden, and may be dispersed ‘in the same manner as other
unlawful assemblies.

18. After a company of volunteer militia has been legally
organized under the provisions of this act, upon the requisition
of the commanding officer thereof, every non-commissioned of-
ficer, musician and private of such company shall be furnished,
at the expense of the state, with suitable arms and equipments;
and the commanding officer of each company shall give a good
and sufficient bond to the state of Virginia for the safe keeping
and return of such arms and equipments, which shall remain
and continue to be the property of the state, to be used for
military purposes only, and which shall be returned to -the
state when called for by the commander-in-chief.

19. Whenever arms and equipments are issued to a company
commander, he may distribute them among the respective mem-
bers of his company, and shall take a full and satisfactory re-
ceipt and security from each member thereof for the arms and
equipments so distributed, to deliver up the same at such time
and place as he shall order and direct: but the bond of the
commander shall not be thereby released.

20. Whoever shall wilfully or maliciously destroy, injure or
deface any arms, or other articles of military property, belong-
ing to the state, 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 im-
prisonment in jail for not less than two weeks nor more than
two months.

21. 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 arms or equipments, or any part or parts thereof,
the property of the state, shall be deemed guilty of misde
meanor, and shall, on conviction thereof. be punished by im-
prisonment in jail for not less than six montis nor more than
one yeur, or by a fine of not less than fifty nor more than one
hundred dollars.

22. Any officer receiving arms and equipments, or other pub-
hie property, for military use. shall be accountable for the same,
and shall not be discharged from his obligations therefor until
he has properly accounted for said arms and equipments, OF
other property, either by receipt from his suecessor in com-
mand, or some other officer authorized to reevive the same, for
the articles received by him in good order and condition—rea-
sonable use and wear excepted; or by satisfactory proof that
any article not so accounted for has been properly expended in
the service, or defaced, injured, lost or destroyed without any
default or neglect on his part.

23. The uniform of the volunteer militia shall be prescribed
by the commander-in-chief, and each member of the militia
shall provide himself witha ‘uniform according to the rules and ct
regulations prescribed by law.

24. The uniforms, arms and equipments required by law or U
regulations, of every officer, non-commissioned officer, musi- ;,
cian and private, of the volunteer militia, shall be exempt from '
all suits, distresses, executions or sales *for debts, or for the
payment of taxes.

25. No person belonging to the military forces shall be ar- F
rested 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.

26. Any person belonging to the military forces, going to or F
returning from parade, encampment, drill or meeting which he 3:
may be required to attend, shall, together with his conveyance 7
and the military property ‘of the state, be allowed to pass free
through all toll gates and over all toll bridges and ferries.

27. Volunteer companies shall have the right to own and A
keep real and personal property, which shall belong to and be j,
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, for the use of the company, any A
debts or effects belonging to the company, or damages for the a,
injury thereof, and no suit pending in his name shall be abated
by his ceasing to be the commanding officer of the company,
but upon the motion of the commander succeeding him, such
commander shall be admitted to prosecute the suit in hike
manner and with like effect as if it had been onginally com-
menced by him.

28. The commanding officer of each regiment or battalion rR
may, in his discretion, organize a band of musicians, and by j,
warrant under his hand, may appoint a leader of such band,
with the rank of sergeant-major. .

29. Such musicians shall be subject to the orders of such
leader, and be under the command of the commanding officer {}
of the regiment or battalion; and the whole or any part of»
said band may be required by such commanding officer to
appear at any meeting of the officers for military purposes,
and at any review, inspection, encampment or parade of such
regiment or battalion.

30. The leader and members of such band shall be subject 1
to all provisions of this act applying to members of volunteer ,
companies, and be entitled to the same benefits and privileges. ©

31. The commanding officer of each regiment or battalion n
shall have authority to disband such band, and to revoke the f
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.

6
32. 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 soldier who
shall disobey the orders of his superior officers, 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 his 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 command-
ing officer and carried before a court or magistrate, to be ex-
amined or tried for such assault, or disturbance or breach of
the peace. In case of any encampment, the commanding
officer may prohibit, within one mile of such encampment, all
hucksters, or auction sales, or gambling, may be abated as
nuisances. |

33. In case of any breach of the peace, tumult, riot, or
resistance to law, or imminent danger thereof, 1t shall be law-
ful for the sheriff of any county, or the mayor of any city, to
call for aid upon the commandant of any division, brigade,
regiment or company; and it shall be the duty of the com-
manding 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.

34. 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 tine of not less than one hundred
dollars, nor more than five hundred dollars. Any non-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 hable to a fine of not less
than twenty five nor more than one hundred dollars.

35. Whenever any officer or soldier shall have performed
service in the volunteer militia for the term of five years from
the time of his enlistment therein, he shall be furnished by his
commanding officer with a certificate duly setting forth the
fact. which shall, for all purposes, be deemed presumptive evi-
dence thercof.

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

37. Any non-commissioned officer or soldier may, upon appli-

‘ation m writing, approved by the commander of the company,
be discharsred from the service by the commander of the revi-
ment or battahon to which his company is attached, and
receive a certificate of the leneth 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 commander thereof.

38. For violations of by-laws, or any other eause, any non-
commissioned officer or soldier may be expelled from a volun-
teer company by a vote of two-thirds of the members thereof;
and any person so expelled shall not be entitled to have the
time he may have served in such company counted in his term
of service.

39. This act shall be in force from the date of its passage.