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Additional pay on re-enlistment.

How payments are to be made.

day; and each enlisted man, after having served a full term of enlistment, shall be entitled to an additional pay of twenty-five cents per day for service during his second term, and a further addition of twenty-five cents per day for service during each subsequent term of enlistment; and the said payments shall be made on the pay-rolls, prepared in such form as the adjutant general shall direct, upon warrants drawn by the Governor upon the Treasurer of the Commonwealth, out of any money in the treasury not otherwise appropriated. And the necessary subsistence and quartermaster stores, to be contracted and and transportation for the troops in actual service, may be contracted for by the proper department officers, by direction of the commander-in-chief, and paid for in like manner.

Expenses for sub

sistence, &c., how

paid.

Embezzling or mis

applying of moneys bursement declared

received for dis

to be a felony.

SECTION 53. Any member of the National Guard who shall embezzle, misapply or retain in his possession, without authority, any moneys received by him for disbursement, shall be guilty of a felony; and it shall be the duty of the district attorney of the proper county, on torney on complaint complaint being made, to prosecute such offender in any court of competent jurisdiction, and to collect any penalty imposed, and pay the same into the State treasury.

Duty of district at

being made.

Relief in case of injury or death.

Ammunition and conveniences for rifle practice.

Retired officers.

Roll of.
Uniform.

Brevet second lieutenants.

Qualifications.

Physical ability

SECTION 54. If any officer or soldier is wounded, or otherwise disabled, or is killed, or dies of wounds received while doing duty in actual service, he, his widow, or children, shall receive from the Commonwealth just and reasonable relief.

SECTION 55. The adjutant general shall provide for and issue to the National Guard, for rifle and artillery practice, such ammunition as may be necessary for the efficiency of the service, and he shall provide fully such conveniences of rifle practice for the National Guard as shall be prescribed by the commander-in-chief, to be paid by warrants drawn by the adjutant general, approved by the military board.

SECTION 56. All commissioned officers, who shall have held continuous rank for a period of ten years, may, upon their honorable retirement from service, be carried upon a roll to be established and maintained in the adjutant general's office, which roll shall be designated" The roll of retired officers," and shall be entitled to wear, on State occasions, the uniform of the highest rank, which they may have held.

SECTION 57. That every graduate of a college in the State of Pennsylvania, in which military instruction is regularly given by an officer of the United States army detailed for that purpose, who shall have received military instruction and training during the full course of four years, and shall have served as a captain of infantry therein not less than six months, shall be entitled to a commission as brevet second lieutenant in the National Guard of this Commonwealth, subject to such examination respecting physical ability as the Governor may, from time to time, prescribe: Provided, That applica

commission.

tion for such commission be made within one year after Application for graduation from such college, and that such applicant be at the time a citizen of the Commonwealth of Pennsylvania.

SECTION 58. The annual appropriations, received by the several infantry, cavalry and artillery companies of the Commonwealth, shall be used and expended solely for military purposes and for the use and benefit of the said several organizations.

SECTION 59. The commanding officer of each infantry, cavalry and artillery company shall, at each and every annual inspection, return to the adjutant general an itemized account and statement of all disbursements of the money appropriated during the preceding year to said company, which account and statement shall be verified by the oath or affirmation of such commanding officer, and shall be accompanied by the proper vouchers for such disbursements.

SECTION 60. In every case in which any part of the annual appropriation to the several infantry, cavalry and artillery companies of this commonwealth shall be used in the purchase, erection or construction of any company armory, the title of the same shall be taken in the name of the State military board, for the use of the Commonwealth of Pennsylvania; and such armory, when so erected, shall be occupied solely for the use and benefit of the said company: Provided, That it shall not be lawful for any company to purchase, erect or construct any company armory with the funds so appropriated, either in whole, or in part, until after such company shall have received the consent and approval of its respective regimental and brigade commanders: And provided further, That when any such company armory shall, in the judgment and discretion of the commander-in-chief, become unnecessary for use as such, he shall cause the same to be sold by the State military board to the highest and best bidder, and the deed of the said State military board shall divest all title and interest of the Commonwealth, and the money so realized from such sale or sales shall be returned to the State treasury.

SECTION 61. The adjutant general shall purchase, at the expense of the Commonwealth, under the direction of the military board, to be paid for out of moneys in the treasury not otherwise appropriated, and supply to all officers of the National Guard, copies of tactics prescribed for the use of the United States army, manual of rifle practice, and such manuals of service, and such other forms and books and papers of record, as the commander-in-chief may designate, together with copies of this act, and all subsequent laws of the Commonwealth relating to the National Guard; said laws to be collected, from time to time, and codified by the adjutant general, published by the State Printer, and known as "the military code of Pennsylvania."

Residence.

tion to be used

Annual appropriasolely for military purposes.

manders to render

Company comannually, after each inspection, an itemyearly expenses of the company. Vouchers to be submitted.

ized statement of

Title of armories
purchased or
eys appropriated by
name of the State
military board.

erected out of mon

the State shall be in

and used solely for company purposes. Not to be purchased the consent of regimental and brigade

nor erected without

commanders.

When unnecessary, military board.

to be sold by State

Their deed to divest monwealth. Purchase money to

all title of the Com

be returned to the State treasury.

Adjutant general to tactics, &c., and supply all officers

purchase books of

therewith.

Copy of National
furnished.
Laws to be codified,
designated as "The
Military Code of

Guard laws to be

and printed--and

Pa."

Commanding officers authorized

to impose penalties for disobedience of

orders, &c.

&c.

SECTION 62. The commanding officer of any troops. under arms may cause them to perform any military duty he shall require, and also to put under guard any officer, non-commissioned officer, musician or private, who shall disobey the orders of his superior officer, also Arrest interlopers, all other persons who shall trespass on parade or camp grounds, or in any way or manner interrupt or molest the orderly discharge of duty of those under arms; and also may prohibit and prevent the sale of spirituous liquors, (except by licensed houses,) within one mile of such parade or encampment; and, also, in his discretion all hucksters or auction sales or gambling may be abated as a nuisance.

Prohibit the sale of spirituous liquors.

And abate nuisances.

Military bands to be attached to each brigade.

Pay, clothing, &c.

and rent.

SECTION 63. There shall be enlisted, and attached to each brigade, a military band of not less than twenty, nor more than thirty, musicians, who shall be entitled to the pay, clothing and allowance prescribed by law for musicians; and, in addition thereto, said band shall State appropriation be entitled to receive from the State an annual appropriation and an amount, for armory rent, equal to one half the amount given to a company of infantry, to be paid by warrant drawn in favor of the brigade quartermaster. The leader of said band shall be entitled to the rank, pay and allowance of a sergeant major. The To be under orders said band shall be subject to the orders of the commander of said brigade, who may discharge and recruit said band at his discretion. The duties of said bands shall be to furnish music for the troops at the regular parades required by law, and upon such other military occasions as the brigade commander shall direct.

Rank and pay of leader.

of brigade commander.

Duties of bands.

Publication of orders.

Attendance on

drills, parades, &c., required.

SECTION 64. The publication, according to military usage, of the written or printed orders from or through regiment, or battalion head-quarters, by the company commander, or prescribed in the by-laws, announcing the duty to be performed, shall be sufficient warning to the officer or soldier directed to perform such duty.

SECTION 65. Military duty shall require the attendance of commissioned officers, non-commissioned officers, musicians and privates on all occasions of drills, parades and encampments, and active service ordered by the commanding officer of the company, regiment, bat talion, brigade, division, or the commander-in-chief, or provided for by the company by-laws, unless excused therefrom by the officers having authority to grant such excuses; and that, while on such duty, or Obedience to rules, going to and returning from the same, obedience shall be rendered to all rules, regulations, usages, customs and requirements of the army of the United States and of the code and regulations of the State of Pennsylvania.

&c.

Company by-laws, rules and regulations.

SECTION 66. Every uniformed company of the National Guard may form by-laws, rules and regulations, with the approval of the major general, not inconsistent with the laws of this State, for the government and improvement of its members in military science and

Alterations.

When National

Guard, or enrolled

militia, may be called out.

Uniforms, arms,

&c., exempt from

discipline; and, when approved by two thirds of all the When effective. members belonging to any such company and the major general, such by-laws, rules and regulations shall be binding, but the same may, upon like approval, be altered, from to time, as may become necessary. SECTION 67. When an invasion of, or insurrection in, the State is made or threatened, or a tumult, riot or mob shall exist, the commander-in-chief shall call upon the National Guard, and, at his discretion, upon the enrolled militia, to repel or suppress the same, and may order out divisions, brigades, regiments, battalions or companies, or may order to be detached parts or companies thereof, or any number of men to be drafted therefrom, and may cause officers to be detailed, sufficient with those attached to the troops, to organize the forces. SECTION 68. Every officer and soldier shall hold his uniform, arms, ammunition and accoutrements required by law free from all suits, distresses, executions or sales for debt, or payment of taxes. SECTION 69. The adjutant general may deliver, as a Camp equipage to loan from the State, to the commanding officer of each division, brigade, regiment, battalion or company of the National Guard, such tents, fixtures and other camp equipage as may be in the State Arsenals; and each officer, to whom such equipage is delivered, shall be responsible for the safe keeping of the same; and, in case of the discharge or death of such officer, he or his legal representative shall be released from such responsibility, upon filing in the office of the adjutant general a certificate of the officer succeeding him in command, that the articles so furnished are at the date of the certificate in good order and condition, reasonable use and wear thereof excepted.

SECTION 70. The adjutant general may, under the direction of the commander-in-chief, make such disposition of the arms, accoutrements, ammunition and all other military property belonging to the Commonwealth, as will most effectually subserve its military interests or necessities. He shall distribute to the officers, regiments, battalions and companies of the National Guard, the arms, furniture, equipments, camp equipage and books, required by law to be furnished at public expense; and may sue, either in contract or tort, any or all such officers, for loss or damage sustained in articles so furnished by them. He may permit the field pieces and artillery equipments now in the possession of any city or county so to remain, so long as they provide suitable places of deposit therefor, and keep them in good condition, without expense to the Commonwealth.

SECTION 71. Each company of artillery may be provided, by the adjutant general, with the battery of manoeuvre, prescribed for that arm by the War Department of the United States, with caissons, harness, implements, laboratory and ordnance stores, in possession

levy and sale.

be furnished by the adjutant general.

Responsibility

therefor.

Release from said

responsibility.

Distribution of arms, &c., by the

adjutant general.

Suit may be brought damage to the same. Field pieces and ar

by him for loss or

tillery equipments.

Artillery companies batteries, &c.

to be provided with

Target practice.

Commanding

officers to be responsible for the batteries, &c.

Horses for artillery.

Sale or exchange of military stores.

Flags and standards.

of the State, which may, from time to time, be necessary for their complete equipment for the field; and when a state of war, or danger thereof, renders target practice expedient, in the opinion of the commanderin-chief, such quantity of ammunition, annually, as he deems necessary to be expended in experimental gunnery; the commanding officer of each company shall be accountable for the preservation of the pieces, apparatus and ammunition aforesaid, and for the proper expenditure of the ammunition.

SECTION 72. The commanding officer of such company, when it is ordered by the commander-in-chief to march out of the city or county where the gun-house is situated, and on occasions of parade, when ordered by the commander-in-chief for experimental gunnery or camp duty, may provide horses to draw the field pieces and caissons, and present his account of the expenses thereof.

SECTION 73. The adjutant general may, with the approval of the commander-in-chief, sell or exchange, from time to time, such military stores belonging to the quartermaster general's department, as are found unserviceable or in state of decay, or which it may be deemed for the interest of the State to sell or exchange.

SECTION 74. The commander-in-chief is hereby authorized to procure and issue, from time to time, to the National Guard, such flags, standards and guidons as may be necessary, which, as far as practicable, shall be similar in style to those presented by the State to the Pennsylvania regiments of the late war, and which shall How to be paid for. be paid for, on the warrant of the Governor, out of any moneys in the treasury not otherwise appropriated.

Style.

Use of arms and equipments.

ing or selling the

same.

SECTION 75. Every arm, uniform and equipment issued by the State, shall be used only in the discharge of Penalty for damag- military duty; and any non-commissioned officer or private, who shall wilfully or wantonly injure or destroy any uniform, arm or equipment, or other military property belonging to the State, or to the regiment, battalion or company, and refuse to make good such injury or loss, or who shall sell, dispose of, secrete or remove the same, with intent to sell or dispose thereof, or who shall fail, within sixty days after being notified, to return the same to the State or his commanding officer, shall be tried by general court-martial, and sentenced to pay a fine of not more than one hundred dollars, or, in default of payment of same, undergo an imprisonment in the county jail of not more than thirty days, and all clothing, camp and garrison equipage, ordnance, ordnance stores and quartermaster stores, issued by the State, or fabricated from material issued by the State, and charged against the company allowance, or for To be the property which commutation has been paid, shall be the property of the State of Pennsylvania.

Trial by general court-martial.

of the State.

Purchasing military

stores deemed a misdemeanor.

SECTION 76. If any person shall, knowingly and wilfully, purchase or receive in pawn or pledge any arm,

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