Chap. 1131.—An ACT to amend and re-enact sections 300, 301, 302, 303, 304,
306, 307, 308, 309, 310, 312, 313, as amended by an act entitled an act to
amend and re-enact section 313 of chapter 21 of the code, in relation to
the formation of battalions, regiments, brigades and divisions, approved
March 3, 1894: 314, 317, as amended by an act entitled an act to amend
and re-enact section 317 of the code of Virginia, in relation to the increase
of the number of regimental staff officers, of the state militia, approved
February 17, 1898; 318, 319, 320, 321, 323, 324, 338, 340, 357, 358, 359, 360,
365, 370 and 371 of chapter 21 of the code of Virginia.

Approved March 7, 1900.

1. Be it enacted by the gencral assembly of Virginia, That sections
three hundred, three hundred and one, three hundred and two, three
hundred and three, three hundred and four, three hundred and six, three
hundred and seven, three hundred and eight, three hundred and nine,
three hundred and ten, three hundred and twelve, three hundred and
thirteen, as amended by an act entitled an act to amend and re-enact
section three hundred and thirteen of chapter twenty-cne of the code,
in relation to the formation of battalions, regiments, brigades, and divi-
sions, approved March third, eighteen hundred and ninety- four; three
hundred and fourteen, three ‘hundred and sev enteen, as amended by an
act entitled an act to amend and re-enact section three hundred and
seventeen of the code of Virginia, in relation to the increase of the
number of regimental staff oflicers of the state militia, approved Feb-
ruary sev enteenth, eighteen hundred and ninety-eight; three hundred
and eighteen, three hundred and nineteen, three hundred and twenty,
three hundred and twenty-one, three hundred and twenty-three, three
hundred and twenty-four, three hundred and thirty-eight, three hun-
dred and forty, three hundred and fifty-seven, three hundred and fifty-
eight, three hundred and fifty-nine, three hundred and sixty, three hun-
dred and sixty-five, three hundred and sev enty, and three ‘hundred and
seventy-one of chapter twenty-one of the code of Virginia, be amended
and re-enacted so as to read as follows:

S$ 300. Virginia voluntcers to compose active militiaa—The active
militia shall be composed of volunteers, who shall be styled Virginia
volunteers, and in case of war, invasion, ‘the prevention of invasion, the
suppression of invasion, the prevention of riots, the suppression of riots,
in the prevention of violation of the law, and to aid civil officers in the
execution of the laws of the commonwealth, they shall first be ordered
into service.

It shall be understood in the several sections of this chapter that the
term Virginia volunteers is intended to apply to both land and naval
volunteers, and that the term company may also include battery, troop,
or division of naval volunteers, unless otherwise indicated.

§ 301. Volunteers; of what ‘to consist—The Vi irginia volunteers shall
consist In time of peace of not more than thirty-six companies of in-
fantry, four troops of cavalry, four batteries of artillery, and five divi-
sions of naval volunteers, one of which may be a special engineer division.
But the commander-in-chief shall have the power to change temporarily
or permanently the arms, in whole or in part, of any company, troop,
battery, or division to such other arm of the service as he may deem
advisable. The commander-in-chief shall have the power, in case of
war, invasion, insurrection, or imminent danger thereof, to increase the
said force and organize the same, as the exigencies of the occasion may
require.

§$ 302. Length of service when called out.—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 Judement, may be necessary: provided, however,
that, except when the whole military force is required, no one command
shall be retained for a longer period than sixty days.

§ 303. To be governed by articles of war—The Virginia volunteers
shall, in addition to the provisions of this chapter, be governed by such
articles of war as may be in force for the gov ernment of the army or
the navy of the United States, and as may be designated by the governor
in general orders, and also by 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.
§ 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 allowances as prescribed for officers of like rank in the
United States army or navy. And for each and every day of actual
service enlisted men shall receive: Non-commissioned staff officers and
first sergeants, one dollar and seventy-five cents per day; sergeants, one
dollar and fifty cents per day; corporals, one dollar and twenty-five cents
per day; and other enlisted men, one dollar per day. Enlisted men of
the naval volunteers shall be paid according to their assimilated grade
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, however, that in case of a longer period of service than
sixty days at any one time, enlisted men shall receive for such time in
excess 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 issued, the value of the same shall
he commuted by the adjutant-general, and the money paid to the en-
listed man in lieu thereof.

§ 306. Organization to conform to laws of United States——The or-
ganization of Virginia volunteers shall conform generally to the pro-
visions of the laws of the United States reculating the militia, and the
system of discipline and exercise shall conform to that of the army or
navy of the United States.

$307. Number of men to compose companics, and so forth—Unless
otherwise ordered by the commander-in-chicf, each company of infantry
or troop of cavalry shall consist of one captain, one first lieutenant, one
second hentenant, and not less than fifty-one nor more than seventy-five
enlisted men: each battery of field artillery of four guns, of one captain,
two first leutenants, one second leutenant, and not less than fifty-nine
nor more than eighty-four enlisted men: each division of naval .volun-
teers, of one Heutenant, one lieutenant junior grade, two ensigns, and
not Jess than forty nor more than sixty enlisted men; and the special
eneincer division of naval volunteers, of one engineer with rank of
hientenant, one assistant engineer with rank of lieutenant junior grade,
and not less than nineteen nor more than thirty-three enlisted men.
An assistant surgeon, with rank of first lieutenant, may be commissioned
by the governor to serve with each troop of cavalry or battery of field
artillery.

S308. Tow company organized.—Whenever a sufficient number of
persons shall join together and declare their purpose in writing to form
a volunteer company of infantry, troop of cavalry, battery of artillery,
or division of naval volunteers, by subseribing their names to an agree-
ment to that effect, they mav proceed to elect company officers, as herein
provided: whereupon, they shall inform the commander-in-chief of their
proceedings and purpose, If the number of companies authorized by law
he not already full, or if in his judgement in times of war, invasion,
not tumult or the threat thereof, the formation of the proposed company
he advisable. the commander-in-chief may authorize them to proceed
with their organization. The captain-elect shall thereupon transmit
to the adjutant-gencral the original agreement, signed by the mem-
bers proposing to organize said company, troop, battery, or division,
together with the proceedings of the meeting held for the election, duly
attested by its chairman and secretary; and whenever the said officers-
elect shall have passed the examinations hereinafter provided for, and
have been commissioned by the governor, and the oaths provided in
section three hundred and ten have been taken and subscribed, and the
company mustered into service, the said organization shall be a legally
organized company, subject to the requirements and entitled to. the
benefits and privileges of this chapter.

Each commissioned officer, whether of the line, field, or staff. shall,
within sixty days after his election or appointment, unless sooner ordered,
report to a board of examiners, consisting of the adjutant-general, the
assistant inspector general, and two commissioned officers designated
by the commander-in-chief, or any three members of said board, for
examination as to his qualifications to perform the duties of the office
to which he has been elected or appointed. If, in the opinion of the
board, such officer is competent, and otherwise qualified, he shall he
given a certificate to that effect: provided, that said certificate must
receive the approval, and be signed by not less than a majority of the
board of examiners, of which the adjutant-ceneral, or in case of his
absence, the assistant inspector-general shall be the president, and
he shall report the fact to the commander-in-chief, who shall have
the commission issued. If not found qualified, he mav be re-ex-
amined within thirty days thereafter; if an officer shall fail to appear
before the board of examiners when specially ordered, or within sixty
days after his election or appointment, when not specially ordered, or
if he shall fail on both examinations herein provided for the fact shall
be reported by the adjutant-general to the commander-in-chief, and
the election or appointment of such officer shall be declared null and
void, bv special order.

Tf, after four months from the first election of officers, as aforesaid,
a full complement of officers for the company shall not have been com-
missioned, such company shall be disbanded.

§ 309. Examination and discharge of officers.—The commander-in-
chief may, whenever he may deem that the good of the service requires
it, order anv commissioned officer before a board of examination, to
consist of not less than three nor more than five officers of the same
or higher rank, which is hereby invested with the powers of courts of
inquiry and courts martial: and such hoard shall examine into the moral
character, capacitv, and general fitness for the service of such commis-
sioned officer, and record and return the testimony taken, and a record
of its proceedings. If the findines of such board be unfavorable to
such officer, and he approved by the commander-in-chief, he shall be
discharged from the service. No officer whose grade or promotion
would be in any way affected by the decision of said board, in any case
that may come before it, shall participate in the examination or decision
of the board in such case. Failure to appear when ordered before a
board constituted under this section shall be sufficient ground for find-
ing by said hoard that such officer ordered to appear be discharged.

£310. Oath of officers and enlisted men.—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 oath prescribed by section one hundred and sixty-eight of the
code of Virginia, eighteen hundred and eighty-seven. And every officer
shall, in addition, unless his disabilities shall have been removed by the
general assembly, t take and subscribe the oath prescribed by section one
hundred and sixty-nine of said code. If his disabilities have been re-
moved, he shall, in lieu of the oath prescribed by said section one hun-
dred and sixty-nine, take and subscribe the oath prescribed by section
one hundred and seventy of said code. Such other oaths shall be taken
by each officer and enlisted man as may be prescribed by the commander-
in-chief.

§ 312. Contributing members may be enrolled.—FEach volunteer com-
pany of infantry, troop of cavalry, or division of naval volunteers, which
is armed and uniformed, may, besides its regular and active members,
enroll thirty contributing members; and batteries of artillery may enroll
sixty contributing 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 author-
ized by a majority vote of the active members of such company, troop,
battery, or division of naval volunteers.

§ 313. Organization of battalions, regiments, and sq forth.—The or-
ganization of battalions and regiments of Virginia volunteers shall con-
form as nearly as possible to that prescribed by the United States regula-
tions; but the commander-in-chief mav assign less than twelve companies
to a regiment when there shall not be enough companies in service to
complete the regiment: but no regiment shall, in anv case, consist of
less than eight companies, nor a battalion of artillery, cavalrv, or naval
volunteers of less than three batteries, troops, or divisions. Upon the
completion of the formation of three reeiments of infantry, the com-
mander-in-chief may, in its discretion, form them into a brigade: but
only when the exigencies of the service require the same, and when the
good of the service will he promoted thereby.

€ 314. Election of officers of the Virginia volunteers.—The eaptain
and lieutenants of a company shall be elected hy the ballots of the en-
listed men of said company: the major of a battalion shall he elected bv
the ballots of the commissioned officers of the companies composing said
hattalion: the colonel and Heutenant-colonel of a regiment shall he
elected by the ballots of the commissioned officers of the companies
composing said regiment: if a brigade he formed, the brigadier-genera]
shall he elected by the ballots of the colonels, lieutenant-colonels, and of
the majors commanding the battalions of the regiments composing said
hrigade; the commissioned officers of a division of naval volunteers shall
he elected by the hallots of the enlisted men of said division: the com-
mander, lieutenant-commander, and navigator of a battalion of naval
volunteers shall he elected by the hallots of the eoammissioned officers
of the divisions composing said hattalion: provided. that at all elections
of officers, as aforezaid, a majority of the ballots of the aualified voters
shall be requisite to an election. The commissioned and non-commis-
sioned staff of regiments or battalions shall be appointed by the perma-
nent commander thereof, and permanent commanders of separate battal-
lons or regiments shall appoint the non-commissioned officers of com-
panies upon the written recommendation of the respective company
commanders; non-commissioned oflicers of unattached companies shall
be appointed by their respective captains. The permanent commander
of any regiment, separate battalion, or unattached company may reduce
to ranks any non-commissioned officer of his command.

§ 317. Formation of regiments, battalions, and so forth.—Regiments
of infantry shall consist of three battalions; and to each regiment there
shall be one colonel and one licutenant-colonel, and a staff to consist
of one surgeon with rank of major, one adjutant and one quarter-
master, each with rank of captain, one commissary of subsistence, one
ordnance officer and one chaplain, each with rank of first heutenant, and
a non-commissioned staff consisting of one sergeant-major, one quarter-
master-sergeant, one commissary sergeant, one ordnance sergeant, and
one hospital steward. Battalions of infantry shall consist of not less
than three companies; and to each battalion there shall be one major;
and a staff consisting of one adjutant and one surgeon, each with the
rank of first lieutenant; and a non-commissioned staff consisting of one
sergeant-major and one hospital steward. A battalion of infantry not
attached to a regiment shall be allowed the same staff as hereinafter pro-
vided for a battalion of cavalry. A battalion of cavalry shall consist
of not less than three troops; and to each battalion there shall be one
major; and a staff to consist of one surgeon with rank of captain, one
adjutant, one quartermaster, who may also act as commissary of sub-
sistence and one chaplain, each with rank of first heutenant; and a non-
commissioned staff to consist of one sergeant-major, one quartermaster
sergeant, and one hospital steward. A battalion of artillery shall consist
of not less than three batteries; and to each battalion there shall be
one major; and a staff to consist of one adjutant and one surgeon, each
with the rank of captain, one quartermaster and commissary of subsist-
ence, one ordnance officer and inspector, and one chaplain, each with the
rank of first lieutenant; and a non-commissioned staff consisting of
one sergeant major, one quartermaster sergeant, one ordnance sergeant,
one hospital steward and one chief bugler: provided, that all staff officers
now holding rank higher than herein provided for shall retain their
present commissions, their successors to be commissioned as hereinhefore
set forth; and that positions on the commissioned and non-commissioned
staff not provided for under this section, but now filled, shall not cease
to exist until the persent incumbent shall he discharged. A battalion
of naval volunteers shall consist of not less than three divisions: and to
each battalion there shall be one commander, one lientenant-commander,
and one lieutenant to act as navigator. and a staff to consist of one
surgeon, one adjutant and signal officer and one pavmaster, each with
the rank of lieutenant, senior grade, and one ordnance officer with rank
of lieutenant junior grade: and a non-commissioned staff to consist of
one master at arms, one chief hoatswain’s mate. one chief gunner’s mate,
one chief quartermaster, one chief veoman, one pavmaster’s veoman.
The staff of a brigadier-general shall be the same as that prescribed by
the United States regulations for an officer of that rank.
§ 318. Ambulance corps—With each regiment of infantry or battalion
of cavalry or artillery there may be organized an ambulance corps, to
consist of not less than sixteen, nor more than tw enty-four enlisted men,
to be detailed from the several companies comprising the regiment or
battalion, who shall be under the command of, and be instructed by the
regimental or battalion surgeon.

‘ 319. Parades, drills, and so forth—The commander-in-chief and all
olhver commanding oflicers, may order such parades, drills, and the per-
formance of any ‘other duties of the volunteers under their command
as may be deemed necessary RY them or either of them.

§ 320. Board of survc s, equipment, ordnance stores, tents,
or other military property, w which may become unserviceable or unsuit-
able, shall be examined by a board of officers appointed by the com-
mander-in-chief; and its report shall be forwarded through the adjutant-
general to the commander-in-chief, who shall direct what disposition,
by sale or otherwise, shall be made of them.

S$ 321. Trial by court-martial—In time of peace, every commissioned
nile er, for disobedience of orders, neglect or ignorance of duty, unoflicer-
like conduct or disrespect to a superior officer, or for neglecting to com-
ply with any of the requirements of this chapter, shall be arrested and
brought to trial before a court-martial, which may, on conviction,
sentence him to be cashiered, incapacitated 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
penalties, in their discretion. The organization, methods, and procedure
of courts of inquiry, courts martial, summary courts, shall conform to
that prescribed by United States regulations, when not in conflict with
the regulations prescribed for the zovernment of the Virginia volunteers.

S$ 323. Offenses and penalties. —Every commissioned officer and every
non-commissioned officer, musician, and private, shall, on due convic-
tion, be subject, for the following offenses, to the fines and penalties
thereto annexed:

First. Every commissioned officer for non-attendance at any parade
or encampment, and every such officer, non-commissioned officer, musi-
cian, or private, neglecting or refusing to obey the orders of his superior
othicers, on any dav of parade or encampment, or to perform such mili-

tary duty or exercise as mav 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 private, for
absence without proper exeuse from, or tardiness without like excuse
in, attending anv drill, parade, encampment, meeting for instruction,
or other duty, ordered by competent authority, a fine of not less than
one dollar nor more than five dollars for each dav or part thereof of
such absence: and at a place of rendezvous when called into actual ser-
vice, in ease of war, riot, Insurrection, or invasion, or imminent danger
thereof, a sum not exceeding twelve months’ pav nor less than one
month's pay, and for disobedience of orders, or disrespectful or insubor-
dinate conduct, a fine not exceeding fifty dollars; and also, in the dis-
eretion of the court. the offender shall be liable to expulsion from the
company to which he helongs.

Third. Every commissioned or non-commissioned officer, for neglect-
ing 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 a delinquent before a court-martial, or duly to return such
summons, a fine of not less than five nor more than twenty-five dol-
lars.

§ 324. Punishment of non-commissioned officers for refusing to act
as such.—Every non-commissioned officer, for neglecting or refusing to
act as such, when duly appointed and warranted, may be sentenced to
pay a fine of not less than two dollars, and every non-commissioned
otticer, for neglect of duty, or disorderly unofficerlike conduct, in addi-
tion 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 regiment or battalion; the permanent commander of a detached
company may alone so reduce such offender.

§ 338. Officers to supply themselves with uniforms and arms.—All
commissioned officers shall provide themselves with such uniforms, arms,
and equipments complete as may be prescribed by the commander-in-
chief.

£ 340. Uniform of volunteers——The uniform of the Virginia volun-
teers shall be such as may be prescribed by the commander-in-chief, and
the commander-in-chief shall have the right to make such alterations,
additions, and changes in the uniform as he may deem necessary.

§ 357. Musicians—The permanent commander of a regiment or
separate battalion may organize and enlist a band of musicians, to con-
sist of not more than one chief musician, one principal musician, one
drum-major, each with rank of first sergeant, four sergeants, eight cor-
porals, one cook, and twelve privates. The non-commissioned officers of
the band shall be appointed by the permanent commander of the regi-
ment or separate battalion to which it is attached.

$358. To be under officer in command.—Such musicians shall be
under the direction of the chief musician, and subject to the orders
of the commanding officer of the regiment or battalion to which the
hand is attached, and the whole or any part of said band, may be required
by such commanding officer to appear at any review, inspection, en-
campment, parade, or drill of such regiment or battalion.

§ 359. To be subject to the laws applying to volunteers—The mem-
bers of such band shall be subject to all the provisions of this chapter
applying to members of volunteer companies, and be entitled to the
same benefits and privileges.

§ 360. How disbanded.—The permanent commander of the regiment
or separate battalion shall have authority to disband such band, and
revoke the warrants of the non-commissioned officers thereof, and when
so disbanded the musicians shall have credited to them the time already
served as a part of their term of service.

$ 365. Recruiting officers—Commanding officers of companies, troops,
hatteries, or divisions shall he the recruiting officers for their commands.
Every person recruited for the Virginia volunteers shall be examined by
a regimental battalion, or such other surgeon as may be designated, as
to his Prysical fitness for service, and if passed shall be enlisted as pre-
scribed in this section, and in the state regulations.

§ 370. How enlisted men discharged after three years’ service.—When-
ever an enlisted man shall have faithfully performed service in the Vir-
ginia volunteers, for the term of three years from the time of his enlist-
ment therein, he shall be entitled to, and receive his discharge, and be
furnished by his commanding officer with a certificate duly setting forth
the fact, which shall exempt him from future service in the Virginia vol-
unteers, in time of peace, unless he shall re-enlist, as provided in section
three hundred and sixty-six, and from first drafts in time of war; which
certificate shall, for all purposes, be deemed presumptive evidence
thereof. When his term of re-enlistment shall have expired, he shall also
be entitled to, and receive his discharge. Neither this section nor anv
part of this chapter shall be so construed as to prevent the continuance
in the service of any officer or soldier so long as he may be capable to per-
form the duties required of him.

§ 371. How officers discharged.—The commander-in-chief may dis-
charge a commissioned officer upon the tender of his resignation, upon
the disbandment of the organization to which he belongs, when he shall
accept an appointment in the United States service; when he has removed
his residence out of the bounds of his command to so great a distance
that it is inconvenient to perform the duties of his office; when he has
heen absent from his command for more than three months without
leave; upon recommendation of the board of examiners, as prescribed
in section three hundred and nine; when he has been found guilty of
conduct unbecoming an officer and gentleman; upon sentence of court-
martial, after trial according to law; upon conviction in a court of
justice of an infamous offense; and if a staff officer, on the written
request of the officer appointing him or upon whose staff he is.

2. This act shall be in force from its passage.