Chap. 238.—An ACT to provide for the Organization and Govern.
ment of the Volunteer Militia of the State, and to repeal existing law:
concerning the same.

Approved April 24, 1874.

wa Be it enacted by the general assembly of Virginia, Tha
rol- all existing laws concerning the volunteer militia of the stat
be and the same are hereby repealed, and the following en
acted in lieu thereof:
neti: 1. The active militia shall be composed of volunteers, and
a in case of war, invasion, the prevention of invasion, the sup-
ico pression of riots, and to aid civil officers in the execution of
the laws of the commonwealth, shall first be ordered into
service.
vio 2. The volunteer militia, when called into service by state
4 authority, shall serve for six months after their arrival at the
place of rendezvous, unless sooner discharged. But the gov-
. ernor shall, at all times, have power to retain them in ser-
* vice for such time as the militia in the service of the United
States may be retained by authority of congress.
ov- 3. When any volunteer militia shall be called into actual
vice service, they shall be governed by the articles of war, which
may be in force at the time, for the government of the troops
of the United States.
7 4. Allofficers and soldiers, when called into the actual service
hen of the state, shall be entitled to the same camp equipage,
ay, subsistence, forage, and other emoluments to which sim-
ilar officers and soldiers are entitled in the service of the
n United States; and, whenever disbanded, they shall be al-
2 lowed to draw money in lieu of the rations to which they
may be entitled, to be commuted at the contract price, when
practicable, and when not, to be regulated by the adjutant
general.
n 5. The organization of the volunteer militia shall conform
of generally to the provisions of the laws of the United States
regulating the militia, and the system of discipline and exer-
cise, shall conform to that of the army of the United States,
as Prescribed for the militia. of the United States.
ech 6. The volunteer companies shall consist of not less than
m- fifty nor more than one hundred men, to be raised by volun-
tary enlistment for five years. .
16. All field officers of regiments and battalions of volun-
‘teer militia, shall be elected by the ballots of the commis-
sioned officers of the companies composing said regiments or
battalions. All generals of brigades or divisions of volunteer
militia, shall be elected by the ballots of the field officers of
the regiments and battalions composing said brigades or di-
visions. Company officers of volunteer militia 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 volunteer mili-
tia, shall be appointed by the commanding officer of the re-
spective division, brigace, regiment, battalion or squadron.

on-commissioned officers of companies shall be appointed
by the commanders of their respective companies, and war-
rants of non-commissioned officers shall be issued by their
respective regiment or battalion commanders.

17. The.staff of each regiment shall consist of one sur-
geon, with the rank of major; one chaplain, with the rank
of captain; one assistant surgeon, with the rank of captain;
one quartermaster, with the rank of captain; one adjutant,
with the rank of captain; and one commissary of subsist-
ence, with the rank of captain, who shall be commissioned
‘by the governor, as the field and company officers of each
regiment are commissioned, when a certificate of appoint-
ment shall Pave been furnished by the commandant of the
regiment.

18. The non-commissioned staff of each regiment shall con-
sist of one sergeant-major, one quartermaster-sergeant, one
commissary-sergeant, who shall be furnished with a certifi-
cate of their appointment by the commandant of the regi-
ment.

19. The ecommander-in-chief, and the commandant of each
regiment, may order such parades of the regiment as may be
deemed necessary by them, or either of them.

20. The commander-in-chief is hereby authorized and em-
‘powered, in his discretion, to order such regiments, battalions,
troops, batteries or companies, or such portions thereof, as he
a@hali deem proper, and without regard to arm of the service,
not, however, exceeding one thousand men in any one year,
into a camp or camps, to be designated by him, for a’ period
not exceeding ten days in any one year, for instruction.

21. The commander-in-chief may dispose of, to the hest ad-
vantage, and in any manner he may deem best, all “ordnance
and ordnance stores, accoutrements, ammunition, implements
and warlike stores of every kind whatsoever, that shall be
deemed unsuitable for the use of the state, and may use the
proceeds of the sale thereof for the supply of tents, camp
equipage, and other needful supplies and equipments, in any
manner which he may deem best to render the volunteer
troops efficient. !

22. In time of peace, every commissioned officer, for dis-
obedience of orders, neglect or ignorance of duty, unofiicer-
VO @IIesved GNU VIVUUEDL W Uleal VOIOTS & COUPLEMaAruUai, WHICH
‘What sentence MAY, ON conviction, sentence him to be cashiered, incapaci-
may be inflicted tated from holding any military commission, fined to an
amount not exceeding one bundred dollars, or reprimanded,
or may sentence him to all or either of such fines and penal-,
ties, in their discretion.
Punishment for 23. Any commissioned officer refusing to pay over money
ch ‘o pay in his hands, as directed by the provisions of this act, shall
of officers be- liable to be tried and cashiered, or otherwise punished
therefor by a court-martial.
Finesandpen- 24. Every commissioned officer and every non-commissioned
alties; how and officer, musician, and private, shall, on due conviction, be sub-

pose. ject for the following offences, to the fines and penalties thereto-
annexed :

Finesoncom- 1. Every commissioned officer, for non-attendance at any

missioned and parade or encampment, and every such officer, non-commis-

sion officers, for Sioned officer, musician, or private, neglecting or refusing to.
a raiaor Obey the orders of his superior officers, on any day of parade-
encampments, or encampment, or to perform such military duty or exercise
obey orders 8 may be required, or departing from his colors, post, or
guard, or leaving his place or ranks, without permission, a.
ne of not more than fifty nor less than five ‘dollars.
Finesonnon- § II. Every non-commissioned officer, musician and private,
eee waa for non-appearance when duly warned or summoned at a
cians and pri- troop, battery, or company parade, a fine of one dollar for
to attend. each day, and in case of a troop parading mounted, a fine of
company, regi- two dollars for each day; at a regimental or batallion parade
ment or battal- __.. ‘
lion parades or OF encampment, not less than three nor more than six dollars
encampments for each day; and at a place of rendezvous, when called into-
Failing to ap- actual service, in case of war, insurrection or invasion, or
sel ahi imminent danger thereof, a sum not exceeding twelve months’
surrection, &e pay, nor less than one month’s pay; and for disobedience of
‘For disobedi- orders, or disrespectful or insubordinate conduct, a fine’ not
ence or insubor- exceding fifty dollars; and also, in the discretion of the court,
the offender shall be liable to expulsion from the command
to which he belongs.
Officersrefusing III. Every commissioned officer or non-commissioned offi-
obey orders. © CT, for neglecting or refusing to obey any order or warrant
Failing to make, to him lawfully given or directed, or to make a proper return
or making false thereof, if such return be necessary, or making a false return,
Failing to sum- OF neglecting or refusing when required, to summon a delin-
monte before ©uent* before a court-martial, or duly to return such summons,

courte-martial & fine of not more than twenty-five nor less than five dollars.
on 25. Every commissioned officer, for neglecting or refusing

Commissioned to act as such when duly elected and commissioned, may be
officers ref

toact when Sentenced to pay a fine of not less than five dollars; every
commissioned non-commissioned officer, for neglecting or refusing to act as
sioned officer such when duly appointed and warranted, may be sentenced
whenwarrantea tO pay @ fine of not less than two dollars; and every non-

For neglect of ISAl : _
duty of unofil- commissioned officer, for neglect of duty or disorderly unoffi

cerlike conduct Cerlike conduct, in addition to other penalties, may be re-
daced to the ranks by the commandant of the troop, battery wh
or company, with the approval of the commandant of the °™
regiment or battalion; and in the case of a separate troop’or -

battery, the approval of the commandant of the brigude or

division to which such separate troop or battery is attached Cap
shall be required. The captain of a detached company of in- 36
fantry may alone so reduce such offender. ran|

26. Every non-commissioned officer, musician or private, Fin
who shall, unlawfully, discharge any firearms within two
miles of any parade, on the day thereof, shall be sentenced lyn
to pay a fine of two dollara. |

27. Any commissioned officer receiving a commission for a Wh
subordinate, shall, within fifteen days thereafter, deliver the net
same to the officer entitled to it; and if he wilfully neglects com
to so deliver it, he shall be liable to pay a fine of uot less Pen
than twenty-five dollars, to be imposed by the proper court- 228.
martial, on the complaint of any officer interested.

28. In addition to the fines and penalties imposed by any Pen
of the provisions of this act, every commissioned and non- py
commissioned officer, musician and private, of a company, arm
battery or troop, who shall appear at any parade or encamp- cnk
ment wearing any personal disguise, or other unusual or lu-
dicrous article of dress, or any arms, weapons or other imple-
ments not required by law, and calculated to excite ridicule,
or to interrupt the orderly and peaceable discharge of daty
by those under. arms, shall be liable to a fine of not more than
twenty-five and not less than five dollars, to be imposed by
the proper court-martial. ,

29. No action shall be maintained against any member of act
a court-martial, or officer or agent acting under its authority, ™™
on account of the imposition of a fine or penalty, or for the ber
execution of a sentence on any person, if such person shall cha,
have been returned as a delinquent, and duly summoned be- ut
fore such court, or shall have appeared before such court to
answer the charges made against him. :

30. For the purpose df collecting any fines or penalties Fin
imposed by any court-martial authorized by this act, the pre- '**
sident of the court shall, within fifteen days after the fines rs
or penalties have been imposed and approved, make a list of °3¢
all the persons fined, describing them distinctly, and showing
the sums imposed as fines or penalties on each person, and
shall draw his warrant, under his official signature, directed
to any marshal of the court, or to the sheriff or constable of
any city or county, (as the case may be,) thereby command-
ing him to levy such fines or penalties, together with the
costs, on the goods and chattels of such delinquents.

31. Every such marshal, sheriff, or constable, to whom any Pov
such list and warrant shall be directed and delivered, is hereby 5°
authorized and required to execute the same by levying and stat
collecting the fines or penalties within forty days from the Ret
receipt of such warrant, and make return thereof to the offi- et
cer who issued the same. Any refusal or wilful neglect on Pen
the part of such marshal, sheriff, or constable, to execute such ng
ments, or other property, either by receipt from his successor
in command, or some other officer authorized to receive the
same, for the articles received by him in good order and con-
dition—reasonable 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.

39. The uniform of the volunteer militia shall be prescribed
by the commander-in-chief, and each member of the volun-
teer militia shall provide himself with a uniform, according
to the rules and regulations prescribed by law.

40. The uniforms, arms and equipments, required by law or
regulations, of every officer, non-commissioned officer, musi-
cian and private, of the volunteer militia, shal] be exempt
from al) suits, .distresses, executions or sales for debts, or for
the payment of taxes.

41. No person belonging to the military forces shafl be ar-
rested on any process issued by or from any civil officer or
court, except in case of felony or breach of the peace, while

ing to, remaining at, or returning from, any place at which

e may be required to attend for military duty.

42. Any person belonging to the military forces, going to
or returning from parade, encampment, drill or meefing,
which he may be required to attend, shall, together with his
conveyance, and the military property of the state, be al-
lowed to pass free through all toll-gates, and over allfoll-
bridges and ferries.

43. Volunteer companies shall have the right to own and
keep real and personal property, which shall 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 for the use of the com-
pany any debts or effects belonging to the company, or dam-
ages for the 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 prose-
cute the suit in like manner, and with like effect, as if it had
been originally commenced by him.

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

45. 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; and the whole, or any part of
said band, may be required by such commanding officer to
appear at any meetipg of the officers for military purposes,
and at any review, inspection, encampment or parade, of such
regiment or battalion.

46. The leader and members of such band shall be subject
to all provisions of this act applying to members of volun
sions applicable teer companies, and be entitled to the same benefits and pr.
om vileges.
Power todis . 47. The commanding officer of each regiment or battatca
and revoke was Shall have authority to disband such band, and to revoke the
rant of leeder warrant of its leader; and when so disbanded, the leader and
musicians shall have allowed to them, as part of their tera
of service, the time already served.
Performanceof 48, The commanding officer at any parade may cause thox
doty may be re- Under his command to perform any field or camp daty b:
quired shall require; and also may put under guard or arrest, for the
Power to arrest dav or time of continuing such parade, any officer or aoldie:
guard for diso- who shall disobey the orders of his superior officer or 1n at
terruption. al way interrupt the exercises of the day. He may also asacer
Boundsand tain and fix necessary bounds and limits to his parade, withir
Yimitamay be which no spectator shall enter without his leave, and whoeve:
rades, and spec- intrudes within the limits ot the parade after being forbid.
mitted to enter den, may be confined under guard during the term of suck
Offenders resist- parade; and whoever resists a sentry mht attempts to pw
eee '°w P2- him or keep him out of such limits, may be arrested by orde:
of the commanding officer, and carried before a court or mag
istrate, to be examined or tried for such assault, or disturb
Prohibition ance, or breach of the peace. In case of any encampment.
fare, auctions or the pommanding officer may prohibit, within one mile of suck

gambling near encampment, all hucksters, or auction sales, or gambling, may

eneampments be abated as nuisances.
How riote or 49. In case of any breach of the peace, tumult, riot, or re.

peace ceppress- sistante to law, or imminent danger thereof, it shall be law.
ed and prevent- ful for the sheriff of any county, or the mayor of any city.
Mayor of cities to call for aid upon the commandant of any division, brigade.
miltery for aia TOGiMent, or company; and it shall be ‘the duty of the com.

manding officer of the division, brigade, regiment, or com-
pany, 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.

Troope subject 50. The commanding officer of troops so called upon shall
Hor wien”! be subject to the orders and directions of the civil officer re
called out quiring his aid, and for neglecting or refusing to obey such
cauwtiaing orders, shall be liable to a fine of not less than one hundred
obey dollars nor more than five hundred dollars. Any non-com-
Penalty on non- missioned officer or soldier who shall neglect or refuse to

commissioned

officer or soldier parade when called upon for such duty, or to obey the orders

fading tocerade of his commanding officer, shall be liable to a fine of not less

orobey orders than twenty-five dollars nor more than one hundred dollar.

phen volun- = 61.«Whenever any officer or soldier shall have faithfully

exemption from performed service in the volunteer militia for the term of five

duty in peace or 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 exempt him from futare
service in the militia in time of peace, and from first drafts
in time of war; which certificate shall, for all purposes, be
deemed presumptive evidence thereof.

How oceania 52. Any commissioned officer may, upon bis application in

may bedi | WYiting, be discharged from the service by authority of the
commander-in-chief, gnd receive a certificate of the length of
time he has served,,which time shall be allowed him in his
term of service.

53. 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 batallion 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
‘tthe case of an unattached company such discharge may be

nted by the commanding ofhcer thereof.

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