grade of captain, which is hereby invested with the powers of courts of inquiry and courts martial, and such board shall examine into the moral character, capacity, and general fitness for the service of such officer, and record and return the testimony taken and a record of its proceedings. If the findings of such board be unfavorable to such officer and be approved by the Governor, he shall be discharged from the service. No officer whose grade or promotion would in any way be affected by the decision of such board, in any case that may come before it, shall participate in the examination or decision of the board in such case. Failure to appear when ordered before a board constituted under this section shall be a suflicient ground for a finding by such board that the officer ordered to appear be discharged.

SEC. 44. Any male citizen of the United States or any male who has declared his intention to become such citizen, who is a resident of this State, if more than eighteen or less than forty-five years of age, ablebodied, free of disease, and of good character and temperate habits, may voluntarily enlist in the active militia of this State; provided, persons may enlist who are under eighteen and over forty-five years of age on the written authority of the Adjutant General.

SEC. 45. All enlistments in the active militia of this State shall be for the term of three years, and no soldier shall be again enlisted in the active militia of this State whose service during his last preceding term of enlistment has not been honest and faithful.

SEC. 46. Every person who enlists or re-enlists in the active militia of this State shall sign and make oath to an enlistment paper, which shall be filed in the oice of the Adjutant General. Such oath shall be taken and subscribed to before a field officer, or the commanding officer of a signal corps, troop, battery or company who are hereby authorized to administer such oaths; end such oaths may be taken before any oflicer authorized by the laws of this State to administer oaths. A person makin a false oath to any statement contained in such enlistment paper shall, upon conviction, be deemed guilty of false swearing and punished accordingly.

SEC. 47. No minor shall be enlisted without the written consent of his parents or guardian. A man who has been expelled or dishonorably discharged from the military service of this State or of the United States shall not be eligible for enlistment or re-enlistment unless he produce the written consent to such enlistment of the commanding oTeer of the organization from which he was expelled or dishonorably discharged, and of the commanding officer who approved such expulsion or issued such dishonorable discharge.

SEC. 48. Commanding officers of regiments and of battalions and squadrons not part of regiments shall appoint and warrant the noncommissioned staff officers of their respective regiments, battalions, or squadrons, and they shall, in their discretion, warrant the noncommissioned officers of the troops, batteries and companies of their respective regiments, battalions and squadrons from the members thereof, upon the written nomination of the commanding officer of the troops, batteries and companies, respectively. In troops, batteries and companies not a part of a regiment, battalion or squadron, and in signal and hospital corps, the noncommissioned officers shall be warranted by the command

ing officer of the brigade or division, in his discretion, to which such organization may be attached, from the members of such organization upon the written nomination of the commanding officer of the troop, battery, company, signal or hospital corps. To be eligible for appointment as sergeant, first class, of the hospital corps, a candidate must be a registered pharmacist. A sergeant of the hospital corps must be appointed from the hospital corps. The officer warranting a noncommissioned officer shall have power to reduce to the ranks for good and sufficient reasons the noncommissioned officers named in this section.

SEC. 49. Men who have been discharged by reason of disbandment may be re-enlisted, and shall then receive credit for the period served at the time of such disbandment. A man discharged for physical disabilities shall, if such disability cease, and he again enlists, or a man discharged upon his own request shall, if he again enlists, receive credit for the period served prior to such discharge.

SEC. 50. The Governor may appoint and commission enlisted men (who have served well and faithfully in the active militia of this State for a period of not less than twenty-five years), without examination, second lieutenants by brevet; provided, such enlisted men, so appointed and commissioned, shall be immediately placed on the retired list.

SEC. 51. An enlisted man who has not returned all the public property for which he is responsible shall, under no circumstances, receive a full and honorable discharge.

SEC. 52. When required to do so by the Governor, any officer of the active militia of this State shall give good and sufficient bond in such sum as the Adjutant General may direct, payable to the Governor of this State and his successors in office at Austin, Texas, conditioned, faithfully to discharge the duties of his office, and faithfully to expend all public money of this State and account for the same, and to account for and safely keep all public property of this State, or of the United States. issued and intended for use of the military forces of this State, which he may receive from time to time, and to promptly turn over the same to whomsoever the Governor may direct. Such bond shall be signed by at least two good and sufficient sureties, or executed and guaranteed by any corporation having power to guarantee the fidelity of persons holding position of public or private trust, which such corporations are hereby authorized to execute, which may be authorized to carry on business in this State; such bond shall be in such sum as may be prescribed by the Adjutant General, and shall be approved by him and filed in his office; and such bond shall not extend to the reasonable wear and tear of arms, equipments, and other military supplies, incident to the military. service; provided, that the commanding officer of every troop, battery, company or signal corps, and the chief musician of every band mustered into the military service of this State shall file the bond provided by this Section, in the office of the Adjutant General, before the commission of such officer shall be issued, or any arms, uniforms, equipments, or other military property shall be issued for the use of his organization; and, provided further, that when required to do so by the Governor any noncommissioned officer or enlisted man of the military forces of this State shall make and file the bond as provided by this section. Whenever such bond is sued upon the principal and sureties therein shall pay a

reasonable attorneys' fee, not to exceed ten per cent, and said fee shall not be less than ten dollars, and they shall also pay all court costs in connection with such suit.

SEC. 53. Copies of all bonds and other papers filed in the office of the Adjutant General, in accordance with the provisions of this act or any other law of this State, certified under the hand and seal of office of the Adjutant General, shall be admitted in evidence in all courts of this State, in the same manner and with like effect as the original would be if duly proven.

SEC. 54. Whenever any troop, battery, company, signal corps or band is mustered into the active militia of this State by the authority of the Governor, such troop, battery, company, signal corps or band shall, from the date of such muster-in, be deemed and held in law a body corporate and politic, with power under its corporate name to sue and be sued, plead and be impleaded, and to prosecute and defend in the courts of this State or elsewhere; to have and use a common seal, of such devices as it may adopt; to ordain and establish by-laws for the government and regulation of the company affairs not inconsistent with the Constitution and laws of this State and of the United States, and the orders and regulations of the Governor; and such by-laws to alter and amend at will; and generally to do and perform any and all things necessary and proper to be done in carrying out and perfecting the purpose of its organization, of which the officers, and in case of a band, the noncommissioned officer shall be directors, the senior the president.

SEC. 55. On the muster-in to the active militia of this State of any troop, battery, company, signal corps or band, the Adjutant General shall issue to such organization a certificate to the effect, that such organization has been duly organized in accordance with the laws and regulations of the militia service of this State, and that such organization is entitled to all the rights, powers, privileges and immunities conferred by such laws and regulations. Such certificate shall be in such form as the Adjutant General may prescribe. Such certificate shall be evidence in all courts of this State that the organization therein named is duly incorporated; but in suits by or against any troop, battery, company, signal corps or band of the active militia of this State, it shall not be necessary for either party, where the incorporation is alleged, to prove such incorporation unless that fact is denied under oath by the opposite party.

SEC. 56. The commanding officer of any troop, battery, company, signal corps or band is hereby authorized to deduct from any pay for military service due any officer or enlisted man of his organization such amount as such officer or enlisted man may owe his organization for dues and fines, as provided by the by-laws of such organization.

SEC. 57. No applicant for appointment or enlistment in the active militia of this State will be commissioned or enlisted without first passing a satisfactory physical examination.

SEC. 58. No assignment of pay by any officer or an enlisted man shall be valid except as otherwise provided by the Governor.

SEC. 59. The cost of arms, equipment and all other military supplies and stores, and the cost of repairs or damage done to arms, equipment and all other military supplies and stores, shall be deducted from

the pay of any officer or soldier in whose care or use the same were when such loss, destruction or damage occurred, if said loss, destruction or damage was occasioned by the carelessness, neglect or abuse of said officer or soldier.

SEC. 60. The commanding officer of each company shall be the custodian of the company fund, and it shall be his duty to receive, safely keep, and properly disburse, as may be required by the Governor, all money that may be entrusted to his care, and to render, on June 30, and December 31, of each year, to Adjutant General, an itemized statement of all money by him received and disbursed for the preceding six months. SEC. 61. For all purposes under this act officers and enlisted men of the active militia of this State who entered the United States service in the Spanish-American war shall, on re-entering the active militia of this State, be entitled to credit for the time served in the forces of the United States in that war, as if this service had been rendered in the active militia of this State.

SEC. 62. No officer, civil or military, shall be entitled to charge or receive any fee or compensation for administering or certifying any oath administered or certified under the provisions of this act.

SEC. 63. The duties assigned to an officer by title in this Act shall devolve in case of absence or disability to command of the officer named, upon the line officer next in rank, except as otherwise provided in this

Act.

SEC. 64. No officer or enlisted man of the active militia of this State having property in charge shall loan for private use, or permit to be used for any other purpose than the legitimate purpose intended, any public property that he may be responsible for to the Governor. Ail property issued to a brigade, regimental, battalion or company commander, or to any band, corps or auxiliary squid, or to any military organization whatever, when not in legitimate use, shall be carefully stored and protected from waste, theft, loss or injury.

NEC. 65. The officer ordering any military duy shall have the power to excuse any officer or enlist man for absence therefrom upon good and sufficient grounds.

SEC. 66. Every commissioned officer shall provide himself with the arms, uniforms and equipments prescribed and approved by the Gov

einor.

Spc. 67. The system of discipline and exercise of the active militia of this State shall conform generally to that of the army of the United States as it is now or may hereafter be prescribed by the President, and to the provisions of the laws of the United States, except as otherwise provided in this Act, or by the regulations issued by the Governor.

SEC. 68. All organizations shall be provided by this State with such arms, equipments, books of instruction and of record and other supplies as may be necessary for the proper performance of the duty required of them by this Act; and each organization shall keep such property in proper repair and in good condition.

SEC. 69. The commissioners court of each and the council of any city or town in this State are hereby authorized and empowered, in their discretion, to appropriate a sufficient sum, not otherwise appropriated, to pay the necessary expenses of the troops, batteries, compa

nies, signal corps, hospital corps and bands of the active militia of this State located in their respective counties, cities or towns, not to exceed the sum of one hundred dollars per month for such expenses of any one organization.

SEC. 70. No persons belonging to the active militia of this State shall be arrested on any civil process while going on duty to or returning from any place at which he may be required to attend for military duty, except in cases of treason, felony or breach of the peace.

SEC. 71. The commanding officer of any portion of the active militia. of this State parading or performing any military duty in any street or highway may require any or all persons in such street or highway to yield to the right of way to such militia; provided, that carriage of the United States mails, the legitimate functions of the police and the progress and operations of hospital ambulances, fire engines and fire departments shall not be interfered with thereby.

SEC. 72. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the active militia of this State, or in any manner pawn or pledge any arms, uniforms, equipments or other military property, issued under the provisions of this Act, or of the military regulations of this State, and any person who shall wear any uniform, or part thereof, or device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by general regulations duly promulgated, prescribed for the use of the active militia of this State or similar thereto, except members of the army of the United States or the active militia of this State or any other State, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than two hundred dollars, and in addition thereto shall forfeit to this State one hundred dollars for each offense, to be sued for in the name of the State of Texas by a judge-advocate, district or county attorney. All money recovered by any action or proceeding under this Section shall be paid to the Adjutant General, who shall apply the same to the use of the active militia of this State.

SEC. 73. The commanding officer upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory or other place devoted to such duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to and returning from any duty.

He may prohibit and prevent the sale or use of all spirituous liquors, wine, ale or beer, the holding of huckster or auction sales, and all gambling within the limit of the post, camp ground, place of encampment, parade or drill under his command or within limits not exceeding ene mile therefrom, as he may prescribe. And he may in his discretion. abate as common nuisances all such sales.

SEC. 74. No body of men, other than the regularly organized nilitia of this State and the troops of the United States, shall associate themselves together as a military company or organization or parade in public with firearms in any city or town of this State; but students in the educational institutions where military science is a prescribed part of the course of instruction, and soldiers honorably discharged from the