CHAPTER 280

An Act to amend and reenact §§ 44-75 and 44-78 of the Code of Vir-
ginia, relating to calling forth the militia so as to allow for call of
the militia during the period of certain disasters. CH 320]

Approved March 9, 1956

Be it enacted by the General Assembly of Virginia:

1. That §8§ 44-75 and 44-78 of the Code of Virginia be amended and
reenacted as follows:

§ 44-75. If any combination 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, or, in the event of flood, hurricane, fire
or other forms of disaster wherein the lives or property of any of the
citizens of this State are imperiled the Governor may call forth the militia,
or any part thereof, to suppress such combination or aid in any way neces-
sary to protect lives and property during the period of such disaster.

§ 44-78. In case of any breach of the peace, tumult, riot, or resist-
ance of law, or imminent danger thereof, or in case of any disaster wherein
CHS. 280, 281] ACTS OF ASSEMBLY 335

the lives or property of its citizens are imperiled, it shall be lawful for
the sheriff of any county or the mayor of any city, to call upon the Gov-
ernor for aid, and, in cases where the emergency is such as not to admit
of delay, upon the commanding officer of any division, brigade, regiment,
separate battalion, company, battery or troop, and it shall be the duty of
the commanding officer, 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 such commanding officer, 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 follows:

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.....____..---—_-_—_-_---—--—
that (here state one or more of the causes above mentioned) in our
ee ne ae a OL eceernerernretrneenmennnnnnenneeeeand that military
force is necessary to aid the civil authority in suppressing same:
Now, therefore, we command you that you cause (your command, or such
parts thereof as may be desired) armed and equipped with ammunition

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 tele-
graph 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. —