Chap. 446.—An ACT to revise, collate, and codify into one act the general stat-
utes of the Commonwealth relating to the militia, which act shall constitute
and be designated and cited as the military Code of Virginia, and to repeal all
Code sections and all acts and parts of acts inconsistent therewith, and to
provide penalties for the violations thereof. [S B 302]

Approved March 27, 1930.

Whereas, it is expedient to revise, collate, and codify into one act
the general statutes of the Commonwealth relating to the militia; now,
therefore,

1. Be it enacted by the general assembly of Virginia in the man-
ner following, that is to say:

ARTICLE J—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 eighteen years of age and, except as hereinafter
provided, not more than forty-five years of age, and said militia shall
be divided into three classes, the national guard, the naval militia, and
the unorganized militia.

Section 2. Composition of the national guard.—The national
guard shall consist of the regularly enlisted militia who upon original
enlistment shall not be less than eighteen nor more than forty-five
years of age, or, who in subsequent enlistments shall not be more
than sixty-four years of age, organized, armed, and equipped as
hereinafter provided, and commissioned officers and warrant officers
between the ages of twenty-one and sixty-four years.

Section 3. Composition of the naval militia—The naval militia
shall consist of the regularly enlisted militia between the ages of
eighteen and forty-five years, organized, armed, and equipped as
hereinafter provided, and commissioned officers between the ages of
twenty-one and sixty-four years; but enlisted men may continue in the
service after the age of forty-five years and until the age of sixty-
four years, provided the service is continuous.

Section 4. Composition of the unorganized militia——The unor-
ganized militia shall consist of all able-bodied males as set out in sec-
tion one above, except such as may be included in section two and
section three, and except such as may be exempted as hereinafter
provided.

Section 5. Exemptions from militia duty.—The officers, judicial
and executive of the government of the United States, and of the
Commonwealth of Virginia, persons in the military or naval service
of the United States, custom house clerks, persons employed by the
United States in the transmission of the mail, artificers and work-
men employed in the armories, arsenals, and navy yards of the United
States, pilots, mariners actually employed in the sea service of any
citizen or merchant within the United States, shall be exempt from
militia duty without regard to age, and all persons who because of
religious belief shall claim exemption from military service, if the
conscientious holding of such belief by such person shall be established
under such regulations as the president of the United States shall
prescribe, shall be exempted from. militia service in a combatant ca-
pacity; but no person so exempted shall be exempt from militia service
in any capacity that the president shall declare to be non-combatant.

Section 6. Maintenance of other troops——In time of peace the
State shall maintain only such troops as may be authorized by the
president of the United States; but nothing in this act shall be con-
strued as limiting the rights of the State in the use of the national
guard within its borders in time of peace and nothing contained in
this act shall prevent the organization and maintenance of State police
or constabulary.

Section 7. Corps entitled to retain privileges—Any corps of
artillery, cavalry, or infantry existing in this State on the passage
of the act of congress of May eighth, seventeen hundred and ninety-
two, which by the laws, customs, or usages of the State has been in
continuous existence since the passage of such act, under its pro-
visions and under the provisions of section two hundred and thirty-
two and sections sixteen hundred and sixty, both inclusive, of title
sixteen of the revised statutes of eighteen hundred and seventy-three,
and the act of congress of January twenty-first, nineteen hundred and
three, relating to the militia, shall be allowed to retain its ancient

privileges, subject, nevertheless, to all duties required by law of militia;
provided that said organizations may be a part of the national guard
and entitled to all the privileges of this act, and shall conform in all
respects to the organization, discipline, and training of the national
in time of war; provided, further, that for purposes of training
and when on active duty in the service of the United States they may
be assigned to higher units, as the president may direct, and shall
be subject to the orders of officers under whom they shall be serving.

ARTICLE [I—GENERAL ADMINISTRATIVE OFFICERS

Section 1. Governor as commander-in-chief—The governor shall
be commander-in-chief of the land and naval forces of the State, and
shall have power to embody the militia to repel invasion, suppress
insurrection, and enforce the execution of the laws.

Section 2. Commander-in-chief to prescribe regulations~—The
commander-in-chief shall have the power, and it shall be his duty,
from time to time, to issue such orders and to prescribe such regula-
tions relating to the organization of the national guard and naval
militia as will cause the same at all times to conform to the Federal
requirements of the United States government relating thereto.

Section 3. Staff, how divided.—The military staff shall be divided
into two kinds: the personal staff of the governor and the administra-
tive staff.

The personal staff of the governor shall be constituted as now
prescribed by law.

The administrative staff shall be as is now or may from time
to time be authorized by the secretary of war for the national guard
and the secretary of the navy for the naval militia, and shall perform
such duties as the commander-in-chief may direct.

Section 4. Military board—For the purpose of controlling and
directing the expenditures and disbursements of the division of mili-
tary affairs, the governor, the adjutant general, the senior officer of
the Virginia national guard, the secretary of the Commonwealth, or
in the event said office is abolished by law, the secretary of State,
and one other member to hold office during the pleasure of the gov-
ernor 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, 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 be ordered for payment by said
board unless it is itemized, and its correctness sworn to, for which
purpose any member of the board, as well as any officer authorized
by the laws of Virginia to take acknowledgments of deeds or other
instruments, may administer the oath. Expenditures not specifically
provided for but manifestly for the benefit of the military ser-
vice, may be made by said board, but only on the concurrence and
the order in writing of a majority of the members. The military
board shall have the care and control of the State military reservation,
near Virginia Beach, and of such other real estate as the Common-
wealth may acquire for military purposes, and it shall be the duty of
said board to provide for the proper care of such property and the
buildings thereon. For the maintenance, upkeep and improvement of
said military reservation or reservations, the military board may ex-
pend 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
adjutant general’s department, and the members of the board shall
receive no compensation for their services except that the military
members other than the adjutant general, shall receive the pay and
allowances of their rank to cover attendance at meetings of the board.

Section 5. Adjutant general—-The adjutant general shall be in
direct charge of the division of military affairs and shall be responsible
to the governor and commander-in-chief for the proper performances
of his duties. All the powers conferred and the duties imposed by
law upon the adjutant general shall continue to be exercised or per-
formed by him under the direction and control of the governor.

The governor shall appoint an adjutant general, with the rank of
brigadier general, to serve at the pleasure of the governor, who shall
have had not less than five years commissioned service in the Virginia
national guard, and who, while holding such office, may be a member of
the national guard. The adjutant general shall receive the present
base pay of an officer of the same grade of the regular army, but he
shall receive no other pay from the State.

Section 6. Adjutant general’s department.—There shall be an
adjutant general’s department, which shall perform all the duties im-
posed by law upon the division of military affairs. The adjutant
general shall be the head of said department and as such subordinate
only to the governor in matters pertaining thereto. He shall make
such returns and reports to the secretary of war and secretary of
the navy, or to such officers as the secretary of war and the secretary
of the navy may designate, at such times and in such form as may
from time to time be prescribed. He shall keep a record of all officers
and enlisted men, and shall also keep in his office all records and papers
required by law or regulations to be filed therein.

The adjutant general shall distribute all orders from the governor
and disburse the appropriation to the division of military affairs under
the direction of the military board. The adjutant general is empowered
to make such regulations pertaining to the preparation and rendering
of reports and returns and to the care and preservation of public
property as in his opinion the conditions demand, such regulations to
be operative and in force when promulgated in the form of general
orders, circulars, or circular letters. He is authorized to adopt an
appropriate seal for use in his office. He shall have charge and care
of all State military property and all United States military property
issued to the State of Virginia, and shall cause to be kept an accurate
and careful account of all receipts and issues of the same. He shall
require to be kept a careful memorandum of all public military prop-
erty on hand in the State arsenal or storehouses, and in the possession
of the several organizations of the Virginia national guard, and will
guard such property against injury and loss to the extent of his ability;
he shall require every accountable and responsible officer of the
national guard to account for every deficiency in public military prop-
erty in his possession immediately after such deficiency is discovered.
The adjutant general shall have such assistant or assistants and such
clerical forces as may be necessary for the proper conduct of his office,
such assistant or assistants to receive such compensation as may be
fixed by the military board. The assistant or assistants and the clerical
forces shall serve at the pleasure of the adjutant general and shall
perform such duties as he may assign them. The adjutant general
shall have such other clerks and employees as may be necessary for
the administration of his office. The adjutant general and his disburs-
ing clerks shall each give bond, with sufficient sureties, to be approved
by the governor, as provided by law for other State officers. The
penalties of the bond shall be as follows: Of the adjutant general,
ten thousand dollars, of each of his disbursing clerks, three thousand
dollars. The office and accounts of the adjutant general pertaining to
the State of Virginia shall be audited by the direction of the governor
in the same manner as the office and accounts of other State officers
are audited, as provided by law.

The adjutant general shall make annually a report to the governor,
on or before the thirty-first day of December, of the strength, condition
and equipment of the military and naval forces of the State, and of the
expenditures of his office and of the military board since the last
annual report.

Section 7. Property and disbursing officer for the United States.
—The governor of the State shall appoint, designate, or detail, subject
to the approval of the secretary of war, the adjutant general, or an
officer of the national guard of the State, who shall be regarded as
property and disbursing officer for the United States. In considera-
tion of his services, for the care, responsibility, and issue of Federal
property, the property and disbursing officer for the United States,
if another than the adjutant general, shall receive from the State
such salary as the military board may authorize to be just and proper,
the salary to constitute a charge upon the military appropriation of
the State.

ARTICLE IIJI—NaTIoNAL GUARD

Section 1. Organization of national guard units——Except as other-
wise specifically provided by the laws of the United States, the organi-
zation of the national guard, including the composition of all units
thereof, shall be the same as that which is or may hereafter be pre-
scribed for the regular army, subject in time of peace to such general
exceptions as may be authorized by the secretary of war.

Section 2. Location of units——The governor shall determine and
fix the location of the units and headquarters of the national guard
within the State; but no organization of the national guard, members
of which shall be entitled to and shall have received compensation
under the provisions of the act of congress approved June third, nine-
teen hundred and sixteen, as amended, shall be disbanded without the
consent of the president, nor without such consent shall the commis-
sioned or enlisted strength of any such organization be reduced below
the minimum that is now or shall be hereafter prescribed therefor by
the president. |

Section 3. Officers appointed and commissioned.—All officers of
the national guard shall be appointed and commissioned by the gov-
ernor as follows, namely:

(1) Appointments of second lieutenants shall when practicable
be made from the enlisted men within the organization. Commanding
officers shall forward through military channels the names of the three
best qualified men in their organization, accompanied by their military
records, with his endorsement thereon, to the adjutant general’s office
for consideration by the governor.

(2) The appointment and promotion of all officers below the grade
of brigadier general shall be by seniority so far as practicable within
the organization or department.

(3) Original appointments in new organizations, all appointments
to the State staff, and to all staffs higher than brigade, and the appoint-
ment of brigade and higher commanders shall be made upon the
recommendation of the adjutant general.

Section 4. Appointment of staff officers—-No person shall be
appointed a staff officer, including officers of the finance, inspection,
quartermaster, and medical departments, unless he shall have had
previous military experience, nor who shall fail to qualify as to fit-
ness for military service under such regulations as the secretary of
war shall prescribe; such officers shall hold their positions until they
have reached the age of sixty-four years, unless separated from the
service prior to that time by reason of resignation, disability, or for
cause to be determined by a court-martial legally convened for the
purpose. Vacancies among such officers shall be filled by appointment
from the officers of the militia.

Section 5. Qualifications of national guard officers.—Persons
hereinafter commissioned as officers of the national guard shall not
be recognized as such under any of the provisions of this chapter
unless they shall have been selected from the following classes and
shall have taken and subscribed to the oath of office prescribed in this
article for officers: Officers or enlisted men of the national guard,
officers active or retired, reserve officers, and former officers of the
United States army, navy, or marine corps, enlisted men and former en-
listed men of the army, navy, or marine corps, who have received an
honorable discharge therefrom; graduates of the military and naval
academies, and graduates of schools, colleges, universities, and officers’
training camps where they have received military instruction under
the supervision of an officer of the regular army who certified their
fitness for appointment as commissioned officers, and, for the tech-
nical branches and staff corps or departments, such other civilians
as may be especially qualified for duty therein.

Section 6. Test as to fitness for officers—-No person shall here-
after be appointed an officer of the national guard unless he first shall
have successfully passed such tests as to his physical, moral, and pro-
fessional fitness as the president shall prescribe. ‘The examination to
determine such qualifications for commission shall be conducted by a
board of three commissioned officers appointed by the secretary of
war from the regular army or the national guard, or both.

Section 7. Relative rank of officers——Relative rank among officers
of the same grade shall be determined according to army and national
guard regulations.

Section 8. Oath of national guard officers——Commissioned officers
of the national guard shall take and subscribe to the following oath of
0) 50 Cee do solemnly swear that I will
support and defend the Constitution of the United States and the
Constitution of the State of Virginia, against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the same;
that I will obey the orders of the president of the United States and
of the governor of the State of Virginia; that I make this obligation
freely, without mental reservation or purpose of evasion, and that I
will well and faithfully discharge the duties of the office of...2....00020222...-
in the national guard of the United States and of the State of Virginia,
upon which I am about to enter; so help me God.”

Section 9. Elimination and disposition of officers——At any time
the moral character, capacity, and general fitness for the service of
any national guard officer may be determined by an efficiency board
of three commissioned officers senior in rank to the officer whose fit-
ness for service shall be under investigation, and if the findings of
such board be unfavorable to such officer and be approved by the
official authorized to appoint such officer, he shall be discharged.
Commissions of officers of the national guard may be vacated upon
resignation, absence without leave for three months, upon the recom-
mendation of an efficiency board, or pursuant to sentence of a court-
martial. Officers of said guard rendered surplus by the disbandment
of their organization shall be placed in the national guard reserve.
Officers may, upon their own application, be placed in the said reserve.

Section 10. Retirement of officers——-When an officer reaches the
age of sixty-four years he shall be retired.

Section 11. Enlistments in national guard.—Original enlistments
in the national guard shall be for a period of three years, and subse-
quent enlistments for periods of one year or three years each, or for
such periods as may be hereafter prescribed by congress or the sec-
retary of war.

Section 12. Enlistment contract—Enlisted men shall not be rec-
ognized as members of the national guard until they shall have signed
an enlistment contract and taken and subscribed to the following oath
of enlistment: “I do hereby acknowledge to have voluntarily enlisted
this 2.02. day Of... eee ee leeeeees DO suena , as a soldier in the
national guard of the United States and of the State of Virginia, for
the period of three (or one) years, under the conditions prescribed
by law, unless sooner discharged by proper authority. And I do sol-
emnly swear that I will bear true faith and allegiance to the United
States of America, and to the State of Virginia, and that I will serve
them honestly and faithfully against all of their enemies whomsoever,
and that I will obey the orders of the president of the United States,
and of the governor of the State of Virginia, and of the officers ap-
pointed over me according to law, and the rules and articles of war.”

Section 13. Discharge of enlisted men.—An enlisted man dis-
charged from service in the national guard shall receive a discharge
in writing in such form and with such classification as is or shall be
prescribed for the regular army, and in time of peace discharges may
be given prior to the expiration of terms of enlistment under such
regulations as may be prescribed by proper authority.

Section 14. Membership continued in the national guard after
termination of draft into Federal service—When drafted into the mili-
tary service of the United States and thereafter discharged from the
army, all persons so drafted and discharged shall resume their mem-
bership in the national guard, and shall continue to serve in the na-
tional guard until the dates upon which their enlistments entered into
prior to their draft, would have expired if uninterrupted.

Section 15. Armament, equipment and uniform.—The national
guard shall, as far as practicable, be uniformed, armed, and equipped
with the same type of uniform, arms, and equipments as are or shall
be provided for the regular army.

Section 16. Discipline—The discipline (which includes training)
of the national guard shall conform to the system which is now or
may hereafter be prescribed for the regular army, and the training
shall be carried out so as to conform to the provisions of an act of
congress, approved June third, one thousand nine hundred and sixteen,
and amendments thereto. |

Section 17. Training—Under such regulations as the secretary
of war shall prescribe, each company, troop, battery, and detachment
in the national guard shall assemble for drill and instruction, includ-
ing indoor target practice, not less than forty-eight times each year,
and shall, in addition thereto, participate in encampments, maneuvers, or
other exercises, including outdoor target practice, at least fifteen days
in training each year, including target practice, unless such company,
troop, battery, or detachment shall have been excused from participa-
tion in any part thereof by the secretary of war.

Section 18. Courts-martial for national guard—Courts-martial
for organizations of the national guard not in the service of the United
States shall be of three kinds, namely, general courts-martial, special
courts-martial, and summary courts-martial. They shall be consti-
tuted like, and have cognizance of the same subjects, and possess
like powers, except as to punishments, as similar courts provided for
by the laws and regulations governing the army of the United States,
and the proceedings of courts-martial of the national guard shall fol-
low the forms and modes of procedure prescribed for said similar
courts.

Section 19. General courts-martial—General courts-martial of the
national guard not in the service of the United States may be convened
by orders of the president, or of the governor of the State, and such
courts shall have the power to impose fines not exceeding two hundred
dollars; to sentence to forfeiture of pay and allowances; to a repri-
mand; to dismissal or dishonorable discharge from the service; to
reduction of non-commissioned officers to the ranks; or any two or
more of such punishments may be combined in the sentences imposed
by such courts.

Section 20. Special courts-martial—In the national guard not
in the service of the United States, the commanding officer of each
garrison, fort, post, camp, or other place, brigade. regiment, detached
battalion, or other detached command, may appoint special courts-
martial for his command; but such special courts-martial may in any
case be appointed by superior authority when by the latter deemed
desirable. Special courts-martial shall have power to try any person
subject to military law, except a commissioned officer, for any crime
or offense made punishable by the military laws of the United States,
and such special courts-martial shall have the same powers of punish-
ment as do general courts-martial, except that fines imposed by such
courts shall not exceed one hundred dollars.

Section 21. Summary courts-martial—In the national guard, not
in the service of the United States, the commanding officer of each
garrison, fort, post, or other place, regiment, or corps, detached bat-
talion, company, or other detachment of the national guard, may ap-
point for such place or command a summary court, to consist of one
officer, who shall have power to administer oaths and to try the
enlisted men of such place or command for breaches of discipline
and violations of law governing such organizations; and said court,
when satisfied of the guilt of such soldier, may impose fines not ex-
ceeding twenty-five dollars for any single offense; may sentence non-
commissioned officers to reduction to the ranks; may sentence to for-
feiture of pay and allowances. The proceedings of such court shall
be informal, and the minutes thereof shall be the same as prescribed
for summary courts of the army of the United States.

Section 22. Powers of courts-martial—All courts-martial of the
national guard, not in the service of the United States, including sum-
mary courts, shall have power to sentence to confinement in lieu of
fines authorized to be imposed, and shall have power to direct that
upon the non-payment of a fine the person convicted shall be confined
in any county or city jail, but such sentences of confinement shall
not exceed one day for each dollar of fine authorized.

Section 23. Procedure of courts-martial—In the national guard,
not in the service of the United States, presidents of courts-martial
and summary court officers shall have power to issue warrants to arrest
accused persons and to bring them before the court for trial when-
ever stich persons shall have disobeyed an order in writing from the
convening authority to appear before such court, a copy of the charge or
charges having been delivered to the accused with such order, and to 1s-
sue commitments in carrying out sentences of confinement, and to issue
subpoenas and subpoenas duces tecum, and to enforce by attachment
attendance of witnesses and the production of books and papers, and to
sentence for a refusal to be sworn or to answer as provided in actions
before civil courts. He shall also have power to punish for contempt
occurring in the presence of the court.

Section 24. Manual of courts-martial governs trial—Trials and
proceedings by all courts and boards shall be in accordance with the
plan and procedure laid down in the manual of courts-martial, courts
of inquiry, and retiring boards, and other procedures under military
law, as may from time to time be prescribed by the secretary of war.

Section 25. Sentences, where executed—All sentences to con-
finement imposed by any military court of this State shall be executed
in such prisons as the court may designate.

Section 26. How executed.—All processes and sentences of any
of the military courts of this State shall be executed by any sheriff,
deputy sheriff, sergeant, constable, or police officer into whose hands
the same may be placed for service or execution, and such officer
shall make return thereof to the officer issuing or imposing the same.
Such service or execution of process or sentence shall be made by such
officer without tender or advancement of fee therefor, but all costs
in such cases shall be paid from funds appropriated for military pur-
poses. The actual necessary expenses of conveying a prisoner from
one county in the State to another, when the same is authorized and
directed by the adjutant general of the State, shall be paid from
the military fund of the State upon a warrant approved by the adju-
tant general.

Section 27. Commitments.—That where any sentence to fine or
imprisonment shall be imposed by any military court of this State,
it shall be the duty of the president of said court, or summary court
officer, upon the approval of the findings and sentence of such court,
to make out and sign a certificate entitling the case, giving the name
of the accused, the date and place of trial, the date of approval of
sentence, the amount of fine, or manner, place, and duration of con-
finement, and deliver such certificate to the sheriff, or deputy sheriff,
sergeant, constable or police officer of the county, city or town wherein
the sentence is to be executed; and it shall thereupon be the duty of
such officer to carry said sentence into execution in the manner pre-
scribed by law for the collection of fines or commitments to service
of terms of imprisonment in criminal cases determined in the courts
of this State.

Section 28. Sentence of dismissal—No sentence of dismissal from
the service or dishonorable discharge, imposed by a national guard
courts-martial not in the service of the United States, shall be executed
until approved by the governor. Any officer convicted by a general
courts-martial and dismissed from the service shall be forever dis-
qualified from holding a commission in the militia.

Section 29. Disposition of fines.—All fines imposed by courts-
martial or other military court, whether collected by the said courts
or by the civil authorities, shall be turned over by said courts or by
the civil officer collecting the same to the adjutant general, who shall
keep an accurate account of the same. The adjutant general, after
deducting the costs of holding said courts and the collection of said
fines, shall annually turn the balance into the treasury of the State,
to be placed to the credit of the literary fund.

Section 30. Collection of fines imposed by courts-martial_—For
the purpose of collecting any fines or penalties imposed by a courts-
martial, the president of the court, or the summary court officer, shall,
within fifteen days after the fines or penalties have been imposed and
approved, make a list of all the persons fined, describing them dis-
tinctly, and showing the sums imposed as fines or penalties on each per-
son, and shall draw his warrant, under his official signature, directed
to any marshal of the court, or to the sheriff, sergeant, constable, or
any policeman of any city or county, as the case may be, thereby
commanding him to levy such fines or penalties, together with the
costs, on the goods and chattels of such delinquent, and the said war-
rant shall thereupon have the force and effect of fieri facias, but such
delinquent shall not be entitled to the benefit of any exemption law
of this Commonwealth, as against such warrant and the lien thereof.
In default of sufficient personal property to satisfy the same, the
officer executing the same shall take the body of the delinquent and
convey him to the jail of the city or county in which he may be
found, whose jailer shall closely confine without bail for one day for
any fine or penalty not exceeding one dollar, and one additional day
for every dollar above that sum, unless the fine or penalty and jailer’s
fees be sooner paid. No such imprisonment shall extend beyond the
period of ten days.

ARTICLE [V—Navat MititiIa

Section 1. Composition, organization, and equipment—(a) The
naval militia of the State of Virginia shall be composed of male citi-
zens of the State of Virginia, of such age as may be lawful for enroll-
ment or appointment in the naval reserve of the United States.

(b) The organization of the naval militia shall be such as is
prescribed for the naval reserve, and the regulations of the United
States naval reserve and such changes as are made therein, shall
govern like matters in the naval militia—except (1) when a member
of the naval reserve applies for enlistment, enrollment, or appoint-
ment in the naval militia, he may be enrolled in, but not above, the
rank or rating held in the naval reserve, and the age limit shall be
waived; except (2) where specifically stated otherwise in this act.

(c) A member of the naval militia who is also a member of the
naval reserve and who has conformed to all the requirements of the
naval reserve for maintaining efficiency in rank or rating, shall be
deemed thereby to have maintained his efficiency in the naval militia,
and no other drills, training duty or other instruction shall be required
of: him.

(d) The arms and equipment of the naval militia shall be those
which are now, or may hereafter, be prescribed for the naval reserve.

(e) Officers of the naval militia, who are members of the naval
reserve, shall take precedence among themselves in accordance with
their seniority in the naval reserve. In the question of precedence
with officers of other branches of the armed service of the State and
of the United States, the regulations governing precedence in the armed
forces of the United States will govern.

Section 2. Officers and enlisted men.—No officer or enlisted man
of the naval militia shall be a member of any other naval or military
organization except the naval reserve of the United States.

Section 3. Who to command.—The naval forces shall not be
considered as attached to any division or brigade of the land forces
of the State, but shall be under the direct command of the governor
as commander-in-chief. When, however, the naval militia, or any part
thereof, shall be in the field or afloat upon actual service, the senior
officer present shall command same, and whenever operating or acting
in conjunction with the land forces of the militia of the State, ‘the
senior officer present, according to relative rank of either force, shall
command the whole, unless otherwise specially ordered or directed by
the governor as commander-in-chief or other competent military or
naval authority.

Section 4. Discipline in the naval militia——The naval militia shall
be subject to the system of discipline prescribed for the United States
navy and marine corps, and the naval militia officer in command of
naval militia forces on shore or on any vessel of the United States
navy loaned to the State, or any vessel on which such forces are
training, whether within or without the State, or wherever, either with-
in or without the State, naval militia forces of the State shall be
assembled pursuant to orders, shall have power, without trial by courts-
martial, to impose upon members of the naval militia the punishments
which the commanding officer of the vessel of the navy is authorized
by law to impose.

Section 5. To be members of the United States naval reserve.—
Officers and enlisted men of the naval militia shall be required, in the
discretion of the secretary of the navy, to be appointed or enlisted
in the naval reserve in the grade, rank, or rating for which they may
be found qualified in accordance with such special regulations as may
be prescribed by the secretary of the navy. Unless within one year
after the organization of any unit of the naval militia at least ninety-
five percentum of its personnel has been appointed or enlisted in the
naval reserve, it shall be disbanded, and thereafter, unless its organi-
zation, administration, and training conform to the standard prescribed
by the secretary of the navy for such units, it shall be disbanded.

Section 6. When relieved from service or duty.—Officers and
men of the naval militia who are members of the naval reserve shall
stand relieved from all service or duty in said naval militia when on
active duty in time of war or national emergency.

Section 7. Courts-martial in the naval militia——Courts-martial in
the naval militia shall consist of general courts-martial, summary
courts-martial, and deck courts. General courts-martial shall consist
of not less than three nor more than thirteen officers, and may be
convened by order of the governor. Summary courts-martial may be
ordered by the governor or by the comfnanding officer of a naval
militia unit. Deck courts may be ordered by a naval militia officer
in command of a naval militia force on shore or on any vessel loaned
to the State or on any vessel on which said forces may be serving.

Section 8. Jurisdiction and procedure of courts-martial and deck
courts.—The courts-martial and deck courts herein provided for shall
be constituted and have cognizance of the same subjects and possess
like powers, except as to punishments, as similar courts-martial pro-
vided for in the navy of the United States; and the proceedings of
courts-martial of the naval militia shall follow the forms and modes of
procedure prescribed for such courts in the navy of the United States.

Section 9. Powers of courts-martial—General courts-martial shall
have power to impose fines not exceeding two hundred dollars, to sen-
tence to forfeiture of pay and allowances, to a reprimand, to dismissal
or dishonorable discharge from the service, to reduction in rank or
rating; or any two or more of such punishments may be combined
in the sentences imposed by such courts.

Summary courts-martial shall have the same powers of punish-
ments as general courts-martial, except that fines imposed by summary
courts-martial shail not exceed one hundred dollars.

Deck courts may impose fines not exceeding fifty dollars for any
single offense; may sentence enlisted men to reduction in rank or
rating, to forfeiture of pay and allowances, to a reprimand, to dis-
charge with other than dishonorable discharge, or a fine in addition
to any one of the other sentences specified.

Section 10. Process of courts-martial—Presidents of general
courts-martial, senior members of summary courts-martial, and deck
court officers of the naval militia shall have the power to issue warrants
to arrest accused persons, and to bring them before the court for trial
whenever such persons have disobeyed an order in writing from the
convening authority to appear before such court, a copy of the charge
or charges having been delivered to the accused with such order, and tc
issue commitments in carrying out sentences of confinement, and to
issue subpoenas and subpoenas duces tecum, and to enforce by attach-
ment attendance of witnesses and the production of books and papers,
and to sentence for a refusal to be sworn or to answer, all as author-
ized for similar proceedings for courts-martial in the navy of the
United States. He shall also have power to punish for contempt
occurring in the presence of the court. All processes, warrants, and
sentences of such courts shall be executed by any sheriff or deputy
sheriff, or any constable or sergeant, of any county, city or town,
who shall be authorized by law to execute or serve any civil or criminal
process.

Section 11. Sentence to confinement in lieu of fines.—All courts-
martial of the naval militia, including deck courts, shall have the power
to sentence to confinement in lieu of fines authorized to be imposed,
and shall have the power to direct that upon non-payment of a fine the
person convicted shall be confined in any county or city jail: Provided,
that such sentences to confinement shall not exceed one day for each
dollar of fine authorized: Provided, further, that when naval militia
forces are embarked on any vessel, the confinement in whole or in
part may be had in prisons provided on said ship.

Section 12. Dismissal or dishonorable discharge.—No sentence of
dismissal or dishonorable discharge from the naval militia shall, ex-
cept when the naval militia shall have been called into the service of
the United States, be executed without the approval of the governor.

Section 13. Disposition of fines——All fines imposed by courts-
martial shall be disposed of by the adjutant general in accordance with
the provisions of law governing the collection of fines imposed by
courts-martial in the national guard.

Section 14. Courts of inquiry—Courts of inquiry in the naval
militia shall be instituted, constituted, and conducted in the same
manner, and shall have like powers and duties, as similar courts in the
navy of the United States, except that they shall be ordered by the
governor.

Section 15. Oath of officers and enlisted men.—Every officer and
enlisted man, before he enters upon his duties, shall take and subscribe
before any officer authorized to administer oaths or before any duly
commissioned officer in the naval militia, such oath of enlistment as
may be prescribed by the governor. Enlistments or enrollments shall
be made concurrent with enlistments or enrollments in the naval re-
serve for a term of four years, or for a less period for persons already
nrembers of the naval reserve.

Section 16. Interpretation of naval militia laws—In the inter-
pretation of State laws governing the naval militia, the United States
laws concerning the United States navy shall be followed as far as
applicable, and the customs and naval reserve regulations of the United
States navy shall govern in all cases not otherwise specifically pro-
vided for.
Section 1. Power of governor to call out militia—If any com-
bination shall become so powerful as to obstruct in any part of this
State the due execution of the laws thereof, in the ordinary course
of proceedings the governor may call forth the militia, or any part
thereof, to suppress such combination.

Section 2. Transportation, equipment, and support of militia.—
Whenever the governor shall call forth the militia, whether by virtue
of the Constitution or of the preceding section, he shall issue such
orders and take such measures for procuring and transporting the
detachments as to him shall seem best, and for their accommodation,
equipment, and support, shall appoint such quartermasters, commis-
saries, and other staff as to him shall seem proper.

Section 3. Governor to give orders to officers and appoint rendez-
vous.—Such orders shall be sent to such officers and in such manner
as the governor may deem expedient with a notification of the place
of rendezvous, and the officers to whom the orders are sent shall pro-
ceed immediately to execute the same.

Section 4. How troops called out in time of danger—In case of
any breach of the peace, tumult, riot, or resistance of law, or imminent
danger thereof, it shall be lawful for the sheriff of any county 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 com-
manding officer of any division, brigade, regiment, separate battalion,
company, battery or troop, and it shall be the duty of the commanding
officer of the division, brigade, regiment, separate battalion, company,
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 supporting the laws; which summons shall be in substance as fol-
lows:

Commonwealth of Virginia.

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

Whereas, it has been made to appear to (the sheriff or mayor,
as the case may be) of the (county, city or town), Of-......-.-.------- eee
that (here state one or more of the causes above mentioned) in our
oceeccussececenecceceeesesceeeeeees Of leeceeeeeeeeeeeeeeeee-- and that military force is
necessary to aid the civil authority in suppressing same: Now, there-
fore, we command you that you cause (your command, or such parts
thereof as may be desired) armed and equipped with ammunition
and such proper officers, to parade at.............--.----------- en
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 doing 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 circumstances
of the case; and a copy of the same shall be immediately forwarded
to the commander-in-chief. 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 commander-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.

Section 5. Commander of troops to be under civil officer—All
orders from civil officers to military commanders must be in writing,
signed by the author, and attested by two witnesses, except’ when the
circumstances make the same impossible. Military commanders shall
transmit a copy of such orders at once to their superiors, and to the
adjutant general. Such orders shall set forth the purpose to be
accomplished by the military officer to whom they are addressed, but
shall not prescribe the military measures to be employed nor the orders
to be issued by said officer, who shall use such measures and issue
such orders as he shall deem necessary to accomplish the purpose indi-
cated. For neglecting or refusing to obey the proper orders of the
civil officer requesting his aid, a military commander shall be subject
to such punishment as a courts-martial may direct.

Section 6. National guard and naval militia first ordered out.—
In all cases the national guard and naval militia shall be first ordered
into service by the governor before calling on the unorganized militia.

Section 7. Length of service when called out——The national guard
or naval militia, when called into service by the governor, 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 judgment, may be
necessary; provided, however, that, except when the whole national
guard is required, no one command shall be retained for a longer
period than sixty days.

Section 8. How troops paid while in service; railroads to furnish
transportation; conditions of the same.—All officers and enlisted men
of the national guard or naval militia, whenever called out in aid of the
civil authorities, shall receive the compensation herein provided, and
such compensation, and the necessary expenses incurred in furnish-
ing supplies, subsistence, quartering, and transporting troops, shall be
paid by the treasurer of the State out of the military contingent fund,
and out of any monies not otherwise appropriated. Such payments
shall be made on warrants to be drawn by the comptroller, on the
treasurer of the State, upon certificates of the officer in actual com-
mand of the troops, and upon payrolls prepared according to such
forms as the State regulations shall prescribe, such payrolls and cer-
tificates to be transmitted to the adjutant general, through the regular
military channels and he shall approve them before such warrants
shall be drawn. The comptroller and the State treasurer are hereby
authorized and directed to draw the warrants and make the payments
herein provided for. The several railroads and other transportation
companies in this Commonwealth, shall furnish such transportation
for troops so called out, stores, munitions, and equipments, upon appli-
cation 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 transportation
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 transportation 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. ‘Trrans-
portation 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 fur-
nish transportation when called upon, or unnecessary delay in trans-
porting said troops and supplies, shall be punishable by a fine of not
less than one hundred or more than five hundred dollars.

Section 9. Pay of officers and enlisted men.—When called into
the active service of the State, not in the service of the United States,
and not including drills or training in time of peace, officers shall
receive the same pay and allowance 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 the same rations and
allowances as enlisted men of like grade of the United States army
or navy, and the same pay as enlisted men of like grade of the United
States army or navy, and the additional sum of one dollar per day.
When rations are not issued, the value of the same shall be commuted
by the adjutant general, and the money paid to the enlisted men in
lieu thereof.

Section 10. Regulations enforced on actual service-—Whenever
any portion of the militia shall be called into service to execute the
law, suppress riot or insurrection, or to repel invasion, the articles of
war and the articles for the government of the navy, governing the
army and navy of the United States, and the regulations prescribed
for the army and navy of the United States, and the regulations
issued thereunder, shall be enforced and regarded as a part of this
act until said forces shall be duly relieved from such duty. As to
offenses committed when such articles of war and articles for the
government of the navy are so in force, courts-martial shall possess,
in addition to the jurisdiction and power of sentence and punishment
herein vested in them, all additional jurisdiction and power of sentence
and punishment exercisable by like courts under such articles of war
and articles for the government of the navy, or regulations or laws
governing the United States army and navy, or the customs and usages
thereof; but no punishment under such rules and articles which will
extend to the taking of life shall in any case be inflicted except in
time of war, invasion or insurrection, declared by a proclamation of the
governor to exist, and then only after approval by the governor of the
sentence inflicting such punishment. Imprisonment other than in
guardhouse shall be executed in county or city jails or other prisons
designated by the governor for that purpose.

ARTICLE VI—UNorGANIZED MILITIA °

Section 1. Regulations governing the unorganized militia —When-
ever any part of the unorganized militia is ordered out, it shall be
governed by the same rules and regulations and be subject to the same
penalties as the national guard or naval militia.

Section 2. Unorganized militia ordered out for service-—The
commander-in-chief may at any time, in order to execute the law,
suppress riots or insurrections, or repel invasion, in addition to the
national guard, the national guard reserve, and the naval militia, order
out the whole or any part of the unorganized militia. When the
militia of this State, or a part thereof, is called forth under the
Constitution and laws of the United States, the governor shall first
order out for service the national guard or naval militia, or such’ part
thereof as may be necessary, and if the number available be insuffi-
cient, he shall then order out such a part of the unorganized militia
as he may deem necessary. During the absence of organizations of
the national guard or naval militia in the service of the United States,
their State designations shall not be given to new organizations.

Section 3. Manner of ordering out unorganized militia—The
governor 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 national guard or naval militia or organize them into separate
brigades, regiments, battalions, companies, separate corps, batteries,
troops, or divisions, as may be best for the service.

Section 4. Draft of unorganized militia—If the unorganized mili-
tia is ordered out by draft, the governor shall designate the persons
in each county and city to make the draft, and prescribe rules and
regulations for conducting the same.

Section 5. Punishment for failure to appear—Every member of
the militia ordered out for duty, or who shall volunteer or be drafted,
who does not appear at the time and place ordered, shall be liable
to such punishment as a courts-martial may determine.

ARTICLE VII—Pay or MILITIA

Section 1. Rations and pay on service——The militia of the State,
both officers and enlisted men, when called into service of the State,
shall be rationed and receive the same pay as when called into the
service of the United States: Provided, however, that when called in
aid of the civil authorities, enlisted men shall receive in addition
to said pay the sum of one dollar per day.

Section 2. Rate of pay for service—-The governor may, when-
ever the public service requires it, order upon special or regular duty
any officer or enlisted men of the national guard or naval militia,
and the expense and compensation therefor of such officer and enlisted
men shall be paid upon the approval of the governor and warrant
of the comptroller. Such officer and enlisted men shall receive the
same pay and allowances as officers and enlisted men of the same grade
and like service of the regular army or navy. No staff officer who
receives a salary from the State as such shall be entitled to any addi-
tional compensation other than actual and necessary expenses in-
curred while traveling upon orders issued by the proper authority.

ARTICLE VIII—PriviLeces oF NATIONAL GUARD AND
NavaL MILITIA

Section 1. Leaves of absence for State officers and employees.—
All officers and employees of the State who shall be members of the
national guard or naval militia shall be entitled to leaves of absence
from their respective duties, without loss of pay, time, or efficiency
rating, on all days during which they shall be engaged in field or
coast defense training, ordered or authorized under the provisions of
this act.

Section 2. Exemption from jury duty.—The active officers and
members of the national guard and naval militia shall be exempt from
serving on juries in civil and criminal cases upon presentation to the
clerk of the court of a certificate of such membership signed by the
commanding officer of the unit of which the person summoned for
jurv service is a member.

Section 3. Contributing members.—Each company of infantry,
cavalry, coast artillery, division of naval militia, or organization of
auxiliary troops, may, besides its regular and active members, enroll
thirty contributing members, and batteries of field artillery may enroll
sixty contributing members, on payment in advance by each person
desiring to become such contributing member of not less than twenty-
five dollars per annum, which money shall be paid into the company
treasury. Each contributing member shall be entitled to receive from
the commanding officer thereof, a certificate of membership, which
certificate shall entitle the holder to such privileges as may be pre-
scribed by law.

Section 4. Military property exempt from levy and sale-——The
uniforms, arms, and equipments required by law or regulations, of
every commissioned and non-commissioned officer, musician, and en-
listed man of the national guard and naval militia shall be exempt from
sale under any execution, distress, or other process for debt and taxes.

Section 5. Exemptions of persons in military service from arrest.
—No person belonging to the national guard or the naval militia
shall be arrested on any process issued by or from any civil officer
or court, except in cases of felony or breach of the peace, while going
to, remaining at, or returning from any place at which he may be
required to attend for military duty; nor in any case whatsoever while
actually engaged in the performance of his military duties, except
with the consent of his commanding officer.

Section 6. Interference! with employment of enlisted men of
national guard and naval militia——A person, who either by himself,
or with another, wilfully deprives a member of the national guard
or naval militia of his employment, or prevents by himself or another,
such member being employed, or obstructs or annoys said member
of the national guard or naval militia or his employer at his trade,
business, or employment, because said member of such organization is
such member, dissuades any person from enlistment in said national
guard or naval militia by threat or injury to him in his employment,
trade, or business, in case he shall so enlist, shall be guilty of mis-
demeanor and on conviction thereof shall be fined in a sum not exceed-
ing one hundred dollars, or imprisonment in jail not more than thirty
days, or shall suffer both fine and imprisonment.

Section 7. National guard or naval militia organizations may own
property; suits—-Companies or other organizations of the national
guard and naval militia shall have the right to own and keep real and
personal property necessary for their use, which shall belong to and
be under control of the active members of the company and the
commanding officer of any company shall have the right and power
to maintain any suit, in his own name, to recover for the use of the
company any debts or effects belonging to the company, or damages
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 motion of the commander succeeding him, such commander shall
be admitted to prosecute the suit in like manner and with like effect
as if it has been originally instituted by him. Armories owned by
such companies shall be exempt from all State, county and municipal
taxation.

Section 8. No action allowed against officers and enlisted men on
account of military duties—No action or proceeding shall be prose-
cuted or maintained against a member of a military court, or officer
or person acting under its authority or reviewing its proceedings,
on account of the approval or imposition or execution of any sentence,
or the imposition or collection of fine or penalty, or the execution of
any warrant, writ, execution, process, or mandate of a military court,
nor shall any officer or enlisted man be liable to civil action or suit
or criminal prosecution for any act done while in the discharge of his
military duty.

Section 9. Right of troops to streets and highways; exceptions.—
United States forces or troops, or any portion of the Virginia national
guard or naval militia, parading or performing any duty, according to
law, shall have the preferable right in any street or highway through
which they may pass. Provided, the carrying of the United States
mails, the legitimate functions of the police, and the progress and
operations of fire engines and fire departments shall not be interfered
with.

Section 10. Commission not to vacate civil office—Any citizen of
this State may accept and hold a commission in the Virginia national
guard and receive pay therefrom or a commission in the officers’ re-
serve corps of the United States, without thereby vacating any civil
office or position or commission held by him; and the acceptance or
holding of any such commission, and receiving pay therefrom shall
not constitute such holding of an office of trust and profit under the
government of this State and of the United States as shall be incom-
patible with the holding of any civil office, legislative or judicial, or
position or commission under the government of this State.

ARTICLE [X—CARE OF MILITARY PROPERTY

Section 1. Arms and equipments to be deposited in armories.—
All arms, equipments and ordnance stores, which shall be furnished to
the several commands under the provisions of this chapter, shall be
deposited in the armories or headquarters of said commands for safe-
keeping.

Section 2. Care of uniforms and arms by officers ——AIl commis-
sioned officers of the national guard and naval militia shall exercise
the strictest care and vigilance for the preservation of the uniforms,
arms, equipments, and military property furnished to their several
commands under the provisions of this chapter; and in case of any loss
thereof or damage thereto by reason of the neglect or default of any
such officer to exercise such care and vigilance, he shall be liable to
trial by courts-martial for neglect of duty.

Section 3. Officers accountable for military property—Any off-
cer receiving public property for military use, shall be accountable for
the articles so received by him; and he shall not transfer such prop-
erty, or any portion thereof, to another, either as a loan or perma-
nently, without the authority of the adjutant general, and he shall be
liable to make good to the Commonwealth all such property defaced,
injured, destroyed, or lost by any neglect or default on his part, to be
recovered in an action on the case, to be instituted by the attorney
general for the Commonwealth, at the request of the adjutant general,
in the name of the Commonwealth.

Section 4. On disbandment of company officers to return property
to adjutant general—Upon the disbandment of any organization
which has received arms, equipments, or stores from the adjutant
general, in accordance with the provisions of this chapter, the com-
missioned officers of such organization shall be responsible for the
safe return to the custody of the adjutant general of all public property
in possession of said organization; and for any loss or damage thereto,

compensation may be obtained from the officer receipting for suct
property in the manner provided in the preceding section.

Section 5. Not to be used for private purposes——No officer ot
enlisted man shall use, except upon military duty, or by special per-
mission of his commanding officer, any article of military property be-
longing to the United States or to the Commonwealth.

Section 6. Officers and enlisted men personally liable for military
property—E very officer and enlisted man to whom any article of
military property is delivered in pursuance of the provisions of this
chapter shall be held personally responsible for its care, safekeeping,
and return. He shall use the same for military purposes only, and
upon receiving a discharge, or otherwise leaving the military service,
or upon demand of his commanding officer, shall forthwith surrender
and deliver up the said property to the said commanding officer in
as good order and condition as the same was at the time he received
it, reasonable use and ordinary wear thereof excepted.

Section 7. Punishment for injuries to same—Whoever shall wil-
fully or maliciously destroy, injure, or deface any arms or articles of
military property belonging to the United States or to the Common-
wealth, or receive any property in violation of the preceding sections
of this chapter, shall be deemed guilty of a misdemeanor and be fined
not exceeding double the amount of the value of the property so in-
jured or defaced, or, in the discretion of the jury, be imprisoned in
jail not less than two weeks nor more than two months.

Section 8. 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, uni-
forms, or equipments the property of the United States or of the
Commonwealth, knowing or having reason to believe the same to be
the property of the United States or the Commonwealth, shall be
deemed guilty of a misdemeanor, and shall, on conviction thereof, be
imprisoned in jail for not less than six months nor more than one
vear, or in the discretion of the jury, be fined not less than fifty nor
more than one hundred dollars.

Section 9. Replacement of lost or damaged property.—That
whenever any military property issued to the militia of the State shall
have been lost, damaged, or destroyed, and upon report of a disinter-
ested survey officer of the regular army, navy, or the militia it shall
appear that the loss, damage, or destruction of property was due to
carelessness or neglect, or that its loss, damage, or destruction should
have been avoided by the exercise of reasonable care, the money value
of such property shall be charged to the accountable and responsible
officer or enlisted man, and the pay of such officers and enlisted men
from both Federal and State funds at any time accruing may be
stopped and applied to the payment of any such indebtedness until
the same is discharged. That in addition thereto any officer account-
able or responsible for military property shall be liable on his bond to
the State and the property and disbursing officer or accounting officer
for any lost, damaged, or destroyed property for which he is account-
able or responsible.

ARTICLE X—SUPPORT OF MILITIA

Section 1. Requisition for Federal funds.—The governor or such
other State officer as may be authorized by law, shall make requtsi-
tion upon the secretary of war or the secretary of the navy for such
State allotment from Federal funds as may be necessary for the sup-
port of the militia and as may be authorized by the laws and regula-
tions of the United States.

Section 2. County, city, and town appropriations.—Counties,
cities, and towns may appropriate such sums of money as they may
deem proper to the various organizations of the national guard or
naval militia, when said organizations are maintained within the limits
of the counties, cities, and towns, respectively.

Section 3. Allowances made to organizations from annual appro-
priation—For the necessary expenses of maintenance of the national
suard and the naval militia, the military board shall annually allot to
each organization or unit such amounts as may in the judgment of the
board be advisable, and as may be available from the appropriation
to the division of military affairs, said allotment to be based upon
such scheme of distribution as may appear equitable to the military
board and best suited to the needs of the military forces of the State.

ARTICLE XI—-GENERAL PROVISIONS

Section 1. Custom and usage of the United States army and
navy.—All matters relating to the organization, discipline, and gov-
ernment of the national guard and naval militia, not otherwise pro-
vided for by law or by regulations, shall be decided by the custom and
usage of the United States army or navy, respectively.

Section 2. Distribution of military laws and articles of war.—-The
governor shall cause to be printed and distributed, whenever he may
think it necessary, so many copies of the military laws of Virginia and
so many copies of the articles of war, prescribed by congress for the
army of the United States, as will be sufficient to furnish each com-
missioned officer of the militia with one copy.

Section 3. Officers of Virginia Military Institute to be officers
of militia and to hold commissions therein——The officers of the Vir-
ginia Military Institute shall be commissioned officers of the Vir-
ginia militia, unorganized, subject to orders of the governor and the
same rules and regulations as to discipline provided for other commis-
sioned officers of the military organization of the State, and the gov-
ernor is authorized and directed to issue commissions to the profes-
sors, assistant professors, and other officers of the institution, accord-
ing to the rank prescribed by the Virginia Military Institute. Such
commission shall not entitle any person holding the same to any pay
or emolument by reason thereof unless he be assigned to duty by order
of the governor with the Virginia national guard, and in such event,
the rank of such officer shall be relatively inferior to that of all other
officers of the same grade in the Virginia national guard.

Section 4. Governor may furnish arms to institutions of learning.
—Upon the application of the faculty, approved by the board of visitors
or trustees of any incorporated institution of learning in the State in
which military tactics are taught, the governor may furnish such insti-
tution with any small arms which may be conveniently spared, to be
used by the pupils, under such regulations as may be prescribed by
the board of visitors, or trustees, and approved by the governor.

Section 5. Retired list of members Virginia national guard.—
There shall be a retired list of officers and enlisted men of the Vir-
ginia national guard.

Any person who shall have been appointed and served as adjutant
general, and shall have resigned or been relieved, or any officer or en-
listed man in the Virginia national guard who shall have served for
at least ten years as an active member in the Virginia national guard,
or ten years computing the period served in the Virginia national
guard and the period in which he shall have served in the active ser-
vice of the army, navy, or marine corps of the United States, may,
upon his own application through the regular military channels to the
commander-in-chief, be placed upon the retired list of the Virginia
national guard; provided that any officer or enlisted man who may
have received an honorable discharge from the service of the Virginia
national guard, after having served at least ten years therein, com-
puting as a part of such service any active service rendered as a mem-
ber of the army, navy, or marine corps of the United States, may,
upon his application, in like manner, be placed upon the retired list.
Officers shall be commissioned on the retired list in the Virginia
militia, unorganized, in their respective grade, or the highest grade
held by them in the military service of the State or the United States,
except in case of officers who have to their credit fifteen years or more
of service. Such officers may, in the discretion of the commander-
in-chief, be retired with commission of their respective grade or the
next higher service grade to the highest rank held by them in the mili-
tary service of the State or the United States. Non-commissioned
officers shall receive warrants as of the retired list with the rank held
when retired or when discharged from active service.

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

All officers, non-commissioned officers, and privates heretofore
placed on the retired list by virtue of the provisions of an act approved
March third, eighteen hundred and ninety-two, as amended, shall be
transferred to and borne upon the retired list of Virginia militia, un-
organized, hereby created.

Section 6. Protection of the uniform.—It shall be unlawful for
any person not an officer or enlisted man in the United States army,
navy, or marine corps, to wear the duly prescribed uniform of the
United States army, navy, or marine corps, or any distinctive part of
such uniform, or a uniform any part of which is similar to a distinctive
part of the duly prescribed uniform of the United States army, navy,
or marine corps; provided, that the foregoing provision shall not be
construed so as to prevent officers or enlisted men of the national
guard from wearing, in pursuance of law and regulations, the uniform
lawfully prescribed to be worn by such officers or enlisted men of the
national guard; nor to prevent members of the organization known as
the Boy Scouts of America, or the naval militia, or such other organi-
zations as the secretary of war or the secretary of the navy may desig-
nate, from wearing their prescribed uniforms; nor to prevent persons
who in time of war have served honorably as officers of the United
States army, navy, or marine corps, regular volunteer, and whose
most recent service was terminated by an honorable discharge, muster
out, or resignation, from wearing, upon occasions of ceremony, ‘the
uniform of the highest grade they have held by brevet or other com-
mission in such regular or volunteer service; nor to prevent any person
who has been honorably discharged from the United States army, navy,
or marine corps, regular or volunteers, from wearing his uniform from
the place of his discharge to his home, within three months after his
discharge; nor to prevent the members of military societies composed
entirely of honorably discharged officers and enlisted men, or both, of
the United States army, navy, or marine corps, regular or volunteers,
from wearing, upon occasions of ceremony, the uniform duly prescribed
by such societies to be worn by the members thereof; nor to prevent
the instructors and members of the duly organized cadet corps of a
State university, State college, or public high school offering a regular
course in military instruction, from wearing the uniform duly pre-
scribed by the authorities of such university, college, or public high
school for wear by instructors and members of such cadet corps; nor
to prevent the instructors and members of a duly organized cadet corps
of any other institution of learning offering a regular course in mili-
tary instruction and at which an officer or enlisted man of the United
States army, navy, or marine corps is lawfully detailed for duty as
instructor in military science and tactics, from wearing the uniform
duly prescribed by the authorities of such institution of learning for
wear by the instructors and members of such cadet corps; nor to pre-
vent civilians attendant upon a course of military or naval instruction
authorized and conducted by the military or naval authorities of the
United States from wearing while in attendance upon such course the
uniform authorized and prescribed by such military or naval authori-
ties for wear during such course of instruction; nor to prevent any
person from wearing the uniform of the United States army, navy, or
marine corps in any playhouse or theater or in moving picture films
while actually engaged in representing therein a military or naval
character not tending to bring discredit or reproach upon the United
States army, navy, or marine corps: provided, further, that the uni-
form worn by officers or enlisted men of the national guard, or by
members of the military societies, or the instructors and members of
the cadet corps referred to in the preceding proviso, shall include some
distinctive mark or insignia to be prescribed by the secretary of war
to distinguish such uniforms from the uniform of the United States
army, navy, or marine corps: and, provided, further, that the members
of the military societies and the instructors and members of the cadet
corps hereinbefore mentioned shall not wear the insignia of rank
prescribed to be worn by the officers of the United States army, navy,
or marine corps, or any insignia of rank similar thereto. Any person
who offends against the provision of this section shall, on conviction,
be punished by a fine not exceeding fifty dollars, or by imprisonment
not exceeding thirty. days, or by both such fine and imprisonment.

Section 7. Partial unconstitutionality; effect—If any part ot
parts, section, subsection, sentence, clause, or phrase of this act is for
any reason declared to be unconstitutional or invalid, such decision shall
not affect the validity of this act as a whole, or any portion thereot
other than the part or portion so decided to be unconstitutional or in-
valid.

Section 8. Short title—This act may be cited as the military Code
of Virginia.

2. The following acts of general assembly and all amendments of
such acts, and the following sections of the Code of Virginia and all
amendments of such sections, are hereby repealed:

All statutes in force the day before the Code of Virginia of nine-
teen hundred and nineteen took effect, providing for the enrollment,
organization, equipment, arming, and calling into service, or in any
manner whatever relating to, affecting, or concerning the militia or
the military fund;

An act to amend and re-enact section three hundred and seventy-
four, chapter twenty-one, of the Code of Virginia of eighteen hundred
and eighty-seven, as amended by an act approved March sixteenth,
nineteen hundred and sixteen, in reference to the public defense, ap-
proved March fourteenth, nineteen hundred and twenty-four.

An act to amend and re-enact section three hundred and twenty-
nine and section three hundred and seventy-seven, chapter twenty-one,
of the Code of Virginia of eighteen hundred and eighty-seven, as
amended by an act approved March fourteenth, nineteen hundred and
twelve, and to repeal sections three hundred and fifteen and three hun-
dred and sixteen, chapter twenty-one, of the Code of Virginia of
eighteen hundred and eighty-seven, in reference to the public defense,
approved March twentieth, nineteen hundred and twenty-four.

An act to amend and re-enact sections three hundred and twenty-
eight and three hundred and seventy-four of chapter twenty-one of
the Code of Virginia of eighteen hundred and eighty-seven, as hereto-
fore amended, which said sections were continued in force by section
twenty-six hundred and seventy-three of the Code of nineteen hundred
and nineteen, and to amend the said Code of eighteen hundred and
eighty-seven, by adding thereto three new sections, to be numbered
sections three hundred and fifty-five-a, three hundred and seventy-
four-a and three hundred and seventy-four-b, all of which sections
relate to the military, approved March twenty-fourth, nineteen hundred
and twenty-six.

The following sections of the Code of Virginia are hereby repealed:

Section 313 (three hundred and thirteen).

Section 314 (three hundred and fourteen).

Section 315 (three hundred and fifteen).

Section 316 (three hundred and sixteen).

Section 317 (three hundred and seventeen).

Section 843 (eight hundred and forty-three).

Section 2673 (twenty-six hundred and seventy-three).

Section 3444 (thirty-four hundred and forty-four).

Nothing contained in this act shall be construed as intended to re-
peal section thirty-nine hundred and forty-two of the Code of Virginia,
relating to transportation of troops in times of peril.

3. An emergency existing, this act shall be in force from its
passage. |