CHAPTER 393

An Act to repeal §§ 44-84, 44-91, 44-92, 44-95, 44-105, 44-117.1 and 44-118
of the Code of Virginia, and to amend and reenact §§ 44-1, 44-2, 44-5
44-6, 44-8, 44-9, 44-10, 44-18, 44-15, 44-1 9, 44-24, 44-25, 44-26, 44-27,
44-28, 44-29, 44-80, 44-82, 44-82.1, 44-88, 44-85, 44-86, 44-87, 44-88,
44-39, 44-40, 44-41, 44-48, 44-44, 44-45, 44-46, 44-49, 44-50, 44-51,
44-54, 44-75 as amended, 44-76, 44-78 as amended, 44-81, 44-82, 44-88,
44-84, 44-86, 44-87, 44-90, 44-98, 44-96, 44-98, 44-99, 44-102, 44-104,
44-106, 44-107, 44-108, 44-111, 44-112, 44-118, 44-116, 44-117, 44-119
and 44-120 of the Code of Virginia, all of which sections relate to the
military establishment of the Commonwealth of Virginia.

[H 342]
Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. That §§ 44-34, 44-91, 44-92, 44-95, 44-105, 44-117.1 and 44-118 of the
Code of Virginia are repealed.
2. That §§ 44-1, 44-2, 44-5, 44-6, 44-8, 44-9, 44-10, 44-13, 44-15, 44-19,
44-24, 44-25, 44-26, 44-27, 44-28, 44-29, 44-80, 44-82, 44-32.1, 44-33, 44-35,
44-36, 44-37, 44-38, 44-39, 44-40, 44-41, 44-48, 44-44, 44-45, 44-46, 44-49,
44-50, 44-51, 44-54, 44-75 as amended, 44-76, 44-78 as amended, 44-81,
44-82, 44-83, 44-84, 44-86, 44-87, 44-90, 44-98, 44-96, 44-98, 44-99, 44-102,
44-104, 44-106, 44-107, 44-108, 44-111, 44-112, 44-118, 44-116, 44-117,
rst and 44-120 of the Code of Virginia be amended and reenacted as
ollows:

§ 44-1. The militia of the * Commonwealth of Virginia shall consist
of all able-bodied male citizens of this * Commonwealth and all other able-
bodied males resident in this * Commonwealth who have or shall have
declared their intention to become citizens of the United States, who shall
be more than * seventeen years of age and, except as hereinafter provided,
not more than fifty-five years of age, and the militia shall be divided into
three classes, the * Organized Militia, which includes the Army National
wanes and the Air National Guard, the Naval Militia, and the Unorganized

ilitia.

....§ 44-2. The National Guard shall consist of the regularly enlisted
militia * and of commissioned * and warrant officers, * who shall be resi-
dents of the Commonwealth of Virginia and shall fall within the age limits
and qualifications as prescribed in existing or subsequently amended
National Guard Regulations (Army and Air), organized, armed and
equipped as hereinafter provided. Upon original enlistment members of
the National Guard shall not be less than seventeen nor more than fifty-five
years of age, or, in subsequent enlistments not more than sixty-four years
of age. All enlistments in the National Guard of persons under the age of
eighteen years made prior to the effective date of this amendment shall be
held, and the same are hereby declared valid and effective in all respects, if
otherwise valid and effective according to the law then in force. .

§ 44-5. * In addition to those exempted by the laws of the United
la ue following persons shall be exempt from military duty under a

e call:

(1) The officers, judicial and executive, of the Governments of the
United States and the Commonwealth of Virginia.

(2) The members of the General Assembly of the Commonwealth of
Virginia and of the Congress of the United States.

Shi (83) Persons in the active military or naval services of the United
es.

(4) Custom house clerks.
ihe (3) Persons employed by the United States in the transmission of

mail.

(6) The judges and clerks of courts of record.

(7) The mayor and councilmen of incorporated cities and towns.

(8) Members of the governing bodies of counties.

(9) Sheriffs, United States district attorneys, attorneys for the Com-
monwealth and ctty attorneys.
watt (10) Ministers of the Gospel who devote full time to their ministerial
a

ties.

(11) Lighthouse keepers.

(12) Marine pilots.

(18) Members of any regularly organized and paid fire or police de-
partment in any city, town or county; but no member of the active militia
shall be relieved from duty because of his joining any such organization.

(14) 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
any capacity 'that the President shall declare to be combatant.

(15) Such other persons as may be designated by the Governor in
the best interests of 'the public and of the Commonwealth.
§ 44-6. In time of peace the * Commonwealth shall maintain only
such troops as may be authorized by the President of the United States;
but nothing in this chapter shall be construed as limiting the rights of the
* Commonwealth in the use of the National Guard within or without its
borders in time of peace and nothing contained in this chapter shall prevent
the organization and maintenance of State police or constabulary.

§ 44-8. The Governor shall be Commander in Chief of the land and
naval forces of the * Commonwealth, and shall have power to employ the
militia to repel invasion, suppress insurrection and enforce the execution
of the laws.

§ 44-9. 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
regulations relating to the organization of the * armed forces of the Com-
monwealth as will cause the same at all times to conform to the Federal
requirements of the United States government relating thereto.

§ 44-10. The military staff shall be divided into (a) the personal staff
of the Governor and (b) the administrative staff.

The personal staff of the Governor shall be constituted as now pre-
scribed by law.

The administrative staff shall be as is authorized by the * Secretary
of Defense of the United States and shall perform such duties as the Com-
mander in Chief may direct.

§ 44-13. As head of the Department of Military Affairs, the Adjutant
General shall distribute all orders from the Governor pertaining to the
military service and shall perform all * duties imposed upon him or that
department by this title in the manner prescribed by law.

§ 44-15. The Adjutant General shall make such returns and reports
to the * Secretary of Defense, or to such officers as * he may designate, at
such times and in such form as may from time to time be prescribed.

§ 44.19. The Adjutant General shall have charge and care of ali
State military property and all United States military property
issued to the * Commonwealth 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 * careful memoranda of all public military property on
hand in the State arsenal or storehouses, and in the possession of the
several organizations of the Virginia National Guard or in possession of
the Virginia State 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 property in his possession immediately after such de-
ficiency is discovered. The Adjutant General shall have the care and
control of the State military reservation near Virginia Beach, and of such
other real estate as the Commonwealth may acquire for military purposes,
and it shall be the duty of the Adjutant General to provide for the proper
care of such property and buildings thereon. For the maintenance, upkeep
and improvement of the military reservation or reservations, the Adjutant
General may expend from the appropriation to the Department of Military
Affairs such amounts as may be necessary.

§ 44-24. The Governor shall appoint, designate or detail, subject to
the approval of the Secretary of * Defense, * an officer of the National
Guard of the * Commonwealth to serve as a United States Property and
Fiscal Officer. Any officer of the National Guard who has been so ap-
pointed and is serving as United States Property and Fiscal Officer, may
be removed for just cause by the Governor with the approval of the Secre-
tary of Defense. The Adjutant General is hereby declared ineligible to
serve as United States Property and Fiscal Officer. The duties and remu-
neration of said United States Property and Fiscal Officer shall be such
as are prescribed by existing or subsequently amended regulations of the
armed forces of the United States.

_§ 44-25. Except as otherwise specifically provided by the laws of the
United States, the organization of the National Guard, including the com-
position of all units thereof, shall be the same as that prescribed for the
regular army, subject in time of peace to such general exceptions as may
be authorized by the Secretary of * Defense.

_ § 44-26. The Governor shall determine and fix the location of the
mits, Say headquarters of the National Guard within the * Common-
wealth.

§ 44-27. All officers of the National Guard shall be appointed and
commissioned by the Governor as follows: .

(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 quali-
fied men in their organization, accompanied by their military records,
with his endorsement thereon, to the Adjutant General’s Office for con-
sideration by the Governor.

(2) * Within the organization, insofar as practicable, the appointment
and promotion of all officers below the grade of brigadier general shall be
by seniority * , provided such officer is otherwise qualified.

(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 recom-
mendation of the Adjutant General. ;

(4) Promotions will be based on efficiency, length of service in grade,
demonstrated command and staff ability at the appropriate level, and will
be effected only when an appropriate vacancy exists in the applicable table
of organization and equipment or table of organization of the unit.

§ 44-28. No person shall be appointed a commanding or staff officer
* unless he shall have had * Federally recognized commissioned military
service; nor shall any * officer be appointed who fails to qualify as
to fitness for military service under such regulations as the Secretary of
* Defense shall prescribe. Such officers * may hold their positions until
they have reached the age * or length of service as prescribed in existing
or subsequently amended National Guard Regulations, unless separated
from the service prior to that time by reason of resignation, disability,
withdrawal or termination of Federal recognition or commission, or * upon
finding of a legally convened court-martial.

§ 44-29. * The qualifications of National Guard officers shall be as
selale in current and subsequently amended National Guard Regula-

ions.

§ 44-30. No person shall hereafter be appointed an officer of the
national guard unless he first shall have successfully passed such tests as
to his physical, moral, and professional fitness as the President shall pre-
scribe. The examination to determine such qualifications for commission
shall be conducted by a board of three commissioned officers appointed by
the Secretary of the Army from the regular army or the National Guard,
or both, as prescribed by current or subsequently amended National
Guard Regulations.

§ 44-32. Commissioned officers of the National Guard shall take and
subscribe to the following oath of office 2 ST oc eccccecccscssssssssssessssssnsesenessenesetnne .
do solemnly swear that I will support and defend the Constitution of the
United States and the Constitution of the * Commonwealth 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 * Commomwealth of Virginia;
that I make thig obligation freely, without mental reservation or purpose
of evasion, and that I will well and faithfully discharge the duties of the
OTROS OT cece genes somernceareaare aececanoae . In the National Guard of the
United States and of the * Commonwealth of Virginia, upon which I am
about to enter; so help me God.”

§ 44-32.1 Any duly commissioned officer of the Virginia National
Guard * may administer the oaths of office and enlistment to officers and
enlisted * personnel * desirous of becoming members of the Virginia Na-
tional Guard * and the National Guard of the United States. Any duly
commissioned officer of the Virginia State Guard, when called into
service by the Governor, may administer oaths to officers and enlisted
personnel desirous of becoming members of the State Guard of Virginia.

§ 44-33. 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 fitness for service shall be under investigation, * said
board to be appointed by the Adjutant General and convened on his order.
If the findings of such board be unfavorable to such officer and be ap-
proved by * the Adjutant General * he shall be discharged. Commissions
of officers of the National Guard may be vacated upon resignation,
if approved by the Adjutant General, absence without leave for three
months, upon the recommendation of an efficiency board, * pursuant to
sentence of a courts-martial, upon physical disqualification, when convicted
of a felony in a civil court, when appointed or inducted into the armed
forces of the United States, when Federal recognition is withdrawn from
such officer or his unit, upon reaching maximum age limitation, and when
it has been determined that officer 1s subversive or disloyal. Officers of
the Virginia National Guard rendered surplus by the disbandment of their
organization shall be placed in the Inactive National Guard * . Officers
may, upon their own application, be placed in the * Inactive National
Guard, if approved by the Adjutant General.

_ § 44-85. * Enlistments in the National Guard shall be * as prescribed
in existing or subsequently amended National Guard regulations.

§ 44-36. Enlisted * persons shall not be recognized as members of
the National Guard until they shall have signed an enlistment contract and
taken and subscribed to the * oath of enlistment * prescribed by present
or subsequently amended National Guard Regulations; or such oath of en-
listment as shall be prescribed by the Governor of Virginia for members
of the Virginia State Guard.

§ 44-37. An enlisted * person discharged from service in the Vir-
ginia National Guard shall receive a discharge in writing. * The form and *
classification * of such discharge shall be as prescribed by existing or sub-
sequently amended National Guard Regulations.

§ 44-88. * When inducted into the active military service of the
United States and thereafter discharged or separated from the armed
forces, all persons so inducted and thereafter discharged or separated
shall resume their membership in the Virginia National Guard and shall
cone to serve therein as though their service had not been 80 inter-
rupted.

§ 44-39. The National Guard shall, as far as practicable, be uni-
formed, armed, and equipped with the same type of uniform, arms, and
eomipment as are or shall be provided for the * armed forces of the United

tates.

§ 44-40. The discipline of the national guard * shall conform to
the system prescribed for the * armed forces of the United States, and the
training shall be carried out so as to conform to * existing or subsequent-
ly amended National Guard Regulations.

§ 44-41. * Training, including armory drills, field training encamp-
ments and other exercises, shall be conducted in accordance with existing
or subsequently amended National Guard regulations.

§ 44-43. General courts-martial of the National Guard, not in the
service of the United States, may be convened by orders of * the Gover-
nor or of the Adjutant General of Virginia, and such courts shall have the
power to impose fines * or sentences to forfeiture of pay and allowances,
im either case not to exceed $200.00, to reprimand, to dismissal or dis-
charge dishonorably from the service, to * reduce noncommissioned of-
ficers * and specialists to any grade lower than that held; or any two of
such punishments, or more, may be combined in the sentences imposed by
such courts, except a combined sentence of fines and forfeiture.

§ 44-44. In the National Guard, not in the service of the United
States, the commanding officer of each garrison, fort, post or camp, or
other place, corps, 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. Such special courts-martial shall not
have the power to try * a commissioned officer, * but shall have * similar
powers of punishment as do general courts-martial, except that fines or
forfeiture of pay and allowances imposed by * special courts-martial shall
not exceed one hundred dollars. Otherwise the National Guard shall be
subject to the procedure, punishment and rules prescribed by the Uniform
Code of Military Justice and official interpretations thereof.

§ 44-45. In the National Guard, not in the service of the United
States, the commanding officer of each garrison, fort, post, or other place,
brigade, corps, regiment, detached battalion or company, or other detach-
ment, * may appoint for such place or command a summary court, to
consist of one officer of field grade, * if available, and if none such be had,
of the highest commissioned grade available. Summary courts-martial shall
have the power to try enlisted personnel only, the power to administer
oaths and to impose fines or forfeitures of pay and allowances, not exceed-
ing $25.00 for any single offense, and may reduce noncommissioned officers
and specialists to any grade lower than that held.

§ 44-46. All courts-martial of the Virginia National Guard, not in
the service of the United States, including summary courts, shall have the
power to sentence to confinement in lieu of fines authorized to be imposed,
and in addition shall have power to direct that upon the nonpayment of *
any fine imposed the person convicted shall be confined in any county or city
jail in the Commonwealth of Virginia, but * all sentences of confinement,
howsoever adjudged, shall not exceed * siz (6) months if imposed by a gen-
eral courts-martial, three (8) months if imposed by a special courts-mar-
tial and thirty (80) days if imposed by a summary courts-martial. Any
sentence imposed by general, special or summary courts-martial must,
prior to its execution, be approved by the convening authority; further-
more no sentence of confinement imposed by a summary court shall be
executed without the prior approval of the Adjutant General of Virginia.

§ 44-49. All sentences to confinement imposed by any military court
of this * Commonwealth shall be executed in such prisons as the court
may designate.

§ 44-50. All processes and sentences of any of the military courts
of this * Commonwealth shall be executed by any sheriff, deputy sheriff,
sergeant, or police officer into whose hands the same may be placed for
service or execution, and such officer shall make return thereof to the of-
ficer 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 ap-
propriated for military purposes. The actual necessary expenses of convey-
ing a prisoner from one county in the * Commonwealth to another, when
the same is authorized and directed by the Adjutant General of the *
Commonwealth, shall be paid from the military fund of the State upon a
warrant approved by the Adjutant General. .

§ 44-51. Where any sentence to fine or imprisonment shall be im-
posed by any military court of this * Commonwealth, it shall be the duty of
the president of the court, or summary court officer, upon the approval
of the findings and sentence of such court, to make out and sign a certifi-
cate 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 confinement, and deliver such certificate to the
sheriff, or deputy sheriff, sergeant 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 such sentence into execution in the manner
prescribed by law for the collection of fines or commitments to service of
terms of imprisonment in criminal cases determined in the courts of this *
Commonwealth,

§ 44-54. All fines imposed by courts-martial or other military courts,
whether collected by such courts or by the civil authorities, shall be
turned over by the 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 the courts and the
collection of the fines, shall annually turn the balance into the treasury
of the * Commonwealth, to be placed to the credit of the Literary Fund.
. § 44-75. If any combination shall become so powerful as to obstruct
in any part of this * Commonwealth 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 * Commonwealth are imperiled, the Governor may call
forth the militia, or any part thereof, to suppress such combination or aid
in any way necessary to protect lives and property during the period of
such disaster.

§ 44-76. 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 * ele-
ments thereof as to him shall seem best; and for their accommodation,
equipment and support, he shall appoint such * a staff as to him shall
seem proper.

§ 44-78. In case of any breach of the peace, tumult, riot, or resis-
tance of law, or imminent danger thereof, or in case of any disaster where-
in the lives or property of * 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 * unit, 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, di-
recting 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:

7 ec zcecceeeeeecesessecceccmsercee ee teemsrpecrmomere memo SS:

Commonwealth of Virginia.

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

sary 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 and such proper

Officers, to parade ata ne enennnee nee OD mnscnesapeconssmcccot en and

there to obey such orders as may be given according to law. Hereof fail not

as your peril, and have you there this summons, with your doing returned
ereon.”

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 * assemble at the time and place appointed; and shall im-
mediately by telegraph or other most expeditious means, notify the Com-
mander 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.
; § 44-81. The National Guard or Naval Militia, when called into serv-
ice 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, that, except when the whole
National Guard is not required, no one command shall be retained for a
longer period than sixty days.

§ 44-82. 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 neces-
sary expenses incurred in furnishing supplies, subsistence, quartering,
and transporting troops, shall be paid monthly by the State Treasurer out
of the military contingent fund, and out of any moneys not otherwise
appropriated. Such payments shall be made on warrants to be drawn by
the Comptroller, on the State Treasurer, upon certificates of the officer in
actual command of the troops, and upon payrolls prepared according to
such forms as the State regulations shall prescribe. Such payrolls and
certificates are 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 au-
thorized and directed to draw the warrants and make the payments herein
provided for in accordance with current or subsequently amended pay and
allowances of United States armed forces.

The several * transportation companies in this Commonwealth shall
furnish transportation for troops so called out, stores, munitions and
equipments, upon application of the officer in actual command, accom-
panied 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. For such
transportation the transportation 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, that such rates shall not exceed any maximum fixed by law.

Transportation 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, and failure to furnish transportation
when called upon, or unnecessary delay in transporting such troops and
supplies, shall be punishable by a fine of not less than one * thousand or
more than * ten thousand dollars.

§ 44-88. 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 * armed forces. And for each and
every day of actual service, enlisted * persons shall receive the same rations
and allowance as enlisted * persons of like grade of the United States *
armed forces, and the same pay as enlisted * persons of like grade of the
United States * armed forces. * When rations are not issued, the value of
the same shall be commuted by the Adjutant General, and the money paid
to the enlisted * persons in lieu thereof at the rate of not less than three
dollars per day.

§ 44-84. Whenever any portion of the militia shall be called into
service to execute the law, suppress riot or insurrection, or to repel inva-
sion, * the military justice opinions as set forth in Article 4 of this chapter,
and the regulations prescribed for the National Guard of the United States,
and the regulations issued thereunder, shall be enforced and regarded as a
Baty of this chapter until such forces shall be duly relieved from such

uty.

§ 44-86. The Commander in Chief may at any time, in order to exe-
cute the law, suppress riots or insurrections, or repel invasion, * or aid in
any form of disaster wherein the lives or property of citizens are imperiled
or may be imperiled, order out the National Guard and the Inactive Na-
tional Guard or any parts thereof, or the whole or any part of the unorgan-
ized militia. When the militia of this * Commonwealth, or a part thereof,
is called forth under the Constitution and laws of the United States, the
Governor shall * order out for service the National Guard *, or such part
thereof as may be necessary; and * he may likewise order out such a part of
the unorganized militia as he may deem necessary. During the absence of
organizations of the National Guard * in the service of the United States,
their State designations shall not be given to new organizations.

_. § 44-87. The Governor shall, when ordering out the unorganized
militia, designate the number to be so called. He may order them out either
by calling for volunteers or by draft. He may attach them to the several or-
ganizations of the National Guard or Naval Militia or organize them into
separate * units, as may be best for the service.

§ 44-90. 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 court-martial may * direct.

§ 44-93. 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, accrued leave, or
efficiency rating, on all days during which they shall be engaged in field or
pass defense training, ordered or authorized under the provisions of this
chapter.

§ 44-96. The uniforms, arms and equipment required by law or regu-
lations, of every commissioned and noncommissioned officer, musician and
enlisted * person of the National Guard and Naval Militia shall be exempt
from sale under any execution, distress or other process for debt and taxes.

44- A person, who either by himself, or with another, * 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 such member or his employer at his trade, business or employ-
ment, because such member of such organization is such member, dis-
suades any person from enlistment in the 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 a misdemeanor and on conviction
thereof shall be fined in a sum not exceeding * five hundred dollars, or
imprisonment in jail not more than thirty days, or shall suffer both fine and
imprisonment.

§ 44-99. Companies or other organizations of the National Guard and
Naval Militia shall have the right to own and keep real and personal prop--
erty necessary for their use, which shall belong to and be under control
of the active members of the * unit; and the commanding officer of any *
unit shall have the right and power to maintain any suit, in his own name,
to recover for the use of the * unit any debts or effects belonging to the *
unit, 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 * unit;
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 had been originally instituted by him. Armories owned by such * units
shall be exempt from all State, county and municipal taxation.

§ 44-102. Any citizen of this State may accept and hold a commis-
sion in the Virginia National Guard and receive pay therefrom or a commis-
sion in the * armed forces reserve 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 there-
from 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.

§ 44-104. All commissioned officers of the National Guard and Naval
Militia shall exercise the strictest care and vigilance for the preservation
of the uniforms, arms, supplies, equipment and military property furnished
to their several commands under the provisions of this chapter. Any officer
receiving public property for military use shall be responsible for the
articles so received by him; and he shall not transfer such property, or any
portion thereof, to another, either as a loan or permanently, without the
authority of the Adjutant General, or his duly authorized representative.

§ 44-106. Upon the disbandment of any organization, or call into
active Federal service of such organization, which has received arms,
supplies or equipment * from the Adjutant General, in accordance with
the provisions of this chapter, the * commanding officer of such organiza-
tion shall be responsible for the safe return to the custody of the Adjutant
General of all such public property in possession of the organization, *
except for such Federally owned property that may be required by Federal
law to be retained by such organization in the Federal service.

§ 44-107. No officer or enlisted * person shall use, except upon mili-
tary duty * any article of military property belonging to the United States
or to the Commonwealth.

§ 44-108. Every officer and enlisted * person 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 receiv-
ing a discharge, or otherwise leaving the military service, or upon demand
of his commanding officer or the Adjutant General, shall forthwith sur-
render and deliver * such property * in as good order and condition as the
same was at the time he received it, reasonable * fair wear and tear
excepted. As insurance for compliance with the provistons of this chapter,
the Adjutant General may require the bonding of any or all such officers
or enlisted persons, in an amount that he may deem appropriate, commen-
surate with the responsibilities of such officers or enlisted persons. The
cost of such bonds shall be borne from funds appropriated for the opera-
tion of the Department of Military Affairs, and shall be without cost to
the individual officer and/or enlisted person bonded.

§ 44-111. Whenever any military property issued to the militia of the
* Commonwealth shall have been lost, damaged, or destroyed, and upon
report of a disinterested survey officer of the * armed forces or * 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 could have
been avoided by the exercise of reasonable care, the money value of such
property shall be charged * against the bond of the officer or enlisted * per-
son, if bonded. If such officer or enlisted person is not bonded, the value of
such property shall be charged to such officer or enlisted person, and the
pay of such officer * or enlisted * person 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. In addition thereto, any
officer accountable or responsible for military property shall be liable on his
bond to the * Commonwealth and the * United States Property and Fiscal
Officer * as accounting, accountable and responsible officer for any lost,
damaged, or destroyed property for which he is accountable or responsible.
_ _§ 44-112. The Governor or such other State officer as may be author-
ized by law, shall make requisition upon the Secretary of * Defense, through
the National Guard Bureau, for such State allotment from Federal funds
as may be necessary for the support of the militia and as may be author-
ized by the laws and regulations of the United States.

§ 44-118. Counties, cities and towns may appropriate such sums of
money and real and personal property as they may deem proper to the
various organizations of the National Guard or Naval Militia, when such
organizations are maintained within the limits of the counties, cities and
towns respectively; and counties may appropriate such sums of money and
real and personal property as they may deem proper to the various organi-
zations of the National Guard if such organizations are maintained in any
incorporated town or city of the second class located within the geographi-
cal limits of such counties respectively.

_, § 44-116. The Governor shall cause to be printed or purchased and
distributed, whenever he may think it necessary, so many copies of the
military laws of Virginia and of the * uniform code of Military Justice of
the United States as may be determined to be sufficient.

§ 44-117. The officers of the Virginia Military Institute and the
Commandant of Cadets and Assistant Commandants of Cadets of the
Virginia Polytechnic Institute shall be commissioned officers of the Vir-
ginia Militia, unorganized, and subject to the orders of the Governor and
the same rules and regulations as to discipline provided for other com-
missioned officers of the military organizations of the * Commonwealth.
The Governor is authorized and directed to issue commissions to the pro-
fessors, assistant professors and other officers of the * Virginia Military
Institute, according to the rank prescribed by it *; and to the Commandant
of Cadets and Assistant Commandants of Cadets of the Virginia Poly-
technic Institute. The governing boards of each institution shall recom-
mend to the Governor the rank to which such eligible persons shall be
commissioned, but the following determination of such rank shall be made
by the Governor. Commissions in such militia issued such persons by the
Governor 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.

§ 44-119. There shall be a retired list of officers, warrant officers
and enlisted * persons of the Virginia 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 * person in the Virginia National Guard, or shall have received an
honorable discharge from the services of 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 Nationa] Guard and the period in which he shall have served in
the active service of the * armed forces of the United States, may, upon

his * written application, through * regular military channels to the

eeuutgn General, be placed upon the retired list of the Virginia National
uard.

Officers who have served honorably and efficiently in the Virginia
National Guard or the Virginia Militia shall be commissioned on the
retired list of the Virginia Militia, unorganized, in their respective grade,
or the highest grade held by them in the military service of the State, *
except * that officers who have to their credit fifteen years or more
of service* may, * upon written application, be retired with commis-
sion of * the next higher * grade to the highest * grade held by them in
the military service of the * Commonwealth of Virginia.

Warrant officers and noncommissioned officers shall * be placed on
the retired list with the highest rank held * by them in the Virginia Na-
tional Guard.

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

e.

All officers, * warrant officers and enlisted personnel 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 the Virginia Militia, unorganized.

§ 44-120. It shall be unlawful for any person, not an officer, warrant
officer or enlisted * person in the armed forces of the United States, * to
wear the duly prescribed uniform thereof, 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 armed forces of the United States. *

The foregoing provision shall not be construed so as to prevent
officers, warrant officers or enlisted * persons of the National Guard, *
nor to prevent members of the organization known as the Boy Scouts of
America, * or such other organizations as the Secretary of * Defense may
designate, from wearing their prescribed uniforms; nor to prevent persons
who in time of war have served honorably as officers of the * armed forces
of the United States * 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 *
in such * service; nor to prevent any person who has been honorably dis-
charged from the armed forces of the United States * 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 * persons,
or both, of the armed forces of the United States * from wearing, upon
occasions of ceremony, the uniform duly prescribed by such societies to be
worn by members thereof; nor to prevent the instructors and members of
the duly organized Cadet Corps * of any educational institution offering a
regular course in military instruction from wearing the uniform duly
prescribed by * appropriate respective authority to be worn by instructors
and members of such Cadet Corps; nor to prevent the instructors and
members of * such duly organized Cadet Corps of * such institution of
learning offering a regular course in military instruction and at which an
officer, warrant officer or enlisted * person of the armed forces of the
United States * is lawfully detailed for duty as instructor in military
science and tactics, from wearing the uniform duly prescribed by * ap-
propriate authority to be worn by instructors and members of such Cadet
Corps; nor to prevent civilians * attending a course of military * instruc-
tion authorized and conducted by the military * authorities of the United
States from wearing while * attending such * a course the uniform au-
thorized and prescribed by such military * authorities * to be worn during
such course of instruction; nor to prevent any person from wearing the
uniform of the armed forces of the United States *, in any playhouse or
theater or in * motion picture films or television while actually engaged
in representing therein a military * character not tending to bring dis-
credit or reproach upon the armed forces of the United States. *

The uniform worn by officers, warrant officers or enlisted * persons
of the National Guard, or by members of military societies, or the instruc-
tors and members of the Cadet Corps referred to in preceding paragraph,
shall include some distinctive mark or insignia * approved by the Secretary
of Defense, to distinguish such uniforms from the uniform of the armed
forces of the United States. * 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 armed forces of the United States, * or any insignia of rank
similar thereto, unless otherwise authorized. . .

Any person who offends against the provisions of this section shall,
on conviction, be punished by a fine not exceeding * one hundred dollars,
or by imprisonment not exceeding thirty days, or by both such fine and
imprisonment.