3999. Company organized, how.

SEC. 37. Whenever a sufficient number of persons by the provisions of this act, citizens of any county of this state subject to military duty, shall subscribe to a call for the organization of a volunteer company, the district judge of said county, upon the application of the persons who have subscribed as above, shall appoint some suitable person, resident of the county, to open a book in which he shall enter the names of the persons so volunteering, and shall fix a time and place of meeting for the purpose of organization, by giving ten days' notice thereof by publication in some newspaper, or by posting notices in at least three public places in the county.

4000. Idem-Officers elected-Commissions.

SEC. 38. The person so appointed shall preside at said meeting and organize the same; he shall superintend the election of the officers of said company, which election shall be by ballot, and shall require a majority of all the voters of the company to elect an officer; he shall make out after said election shall have been determined, a list of the persons so volunteering, a certificate of each officer so elected, and transmit them to the adjutantgeneral of the state, together with a copy of the proceedings of said meeting and a copy of his appointment and of the notice of said meeting duly certified by him, and if it shall be found that such company has been organized and such officers elected in conformity with law, such company shall be listed in the office of the adjutant-general as a company of the organized volunteer militia of this state, and the officers so elected shall be commissioned by the commander-in-chief and shall hold their respective office for the term for which they are elected.

[Secs. 39, 40, and 42 repealed, Stats. 1899, 37.]

[Sec. 41 repealed, Stats. 1895, 109, which act is repealed, Stats. 1897, 64.]

Sec. 39: Cited, State ex rel. Pyne v. LaGrave, 23 Nev. 25, 27 (62 A. S. 764, 41 P. 1075). Sec. 41: Cited, State ex rel. Sutherland v. Nye, 23 Nev. 99–101 (42 P. 866). 4001. Battalion, how formed.

SEC. 43. When a sufficient number of companies wish to form themselves into a battalion or regiment they shall give notice through their commanding officer to the brigadier-general of their brigade, or in his absence, to the adjutant-general, who shall, if upon notice the adjutant-general approve such formation, appoint some suitable officer to hold an election of the officers of such battalion or regiment, and the officers so appointed shall fix a time and place for such election, by giving ten days' notice thereof, by publication in some newspaper, or by posting at least one notice in a conspicuous place in the armory of each company affected. Such election shall be by ballot by a majority of the commissioned officers of the companies calling for the organization of the battalion or regiment. The officer so appointed to hold the election shall preside over and superintend such election, and as soon as it shall have been determined he shall make out certificates of election to the officers so elected, and a certified account of the proceedings of said meeting, with a certified copy of the notice of said meeting, all of which he shall transmit to the brigadier-general of the brigade, who shall transmit them, with a certified copy of the appointment of such officer to hold the election, to the adjutant-general of this state through the ordinary channels of military correspondence.

4002. Commander-in-chief, powers of-Companies-Regiments.

SEC. 44. The commander-in-chief may attach an unattached company to a battalion or regiment temporarily or permanently. He may order appropriate separate organizations to form battalions and regiments and elect officers, and may, when necessary, appoint temporary officers to command said new bodies until they shall have elected commanding officers.

4003. Brigade, how formed.

SEC. 45. When there are two or more regiments, the commander-in-chief may form them into a brigade, and appoint a brigadier-general, and when there are two or more brigades, he may form them into a division, and appoint a major-general; provided, that he may retain in office any officer serving at the time of the passage of this act, until the end of his own term of office. 4004. Governor's staff.

SEC. 46. The military staff of the commander-in-chief shall consist of one adjutant-general, with the rank of brigadier-general; thirty-six aides-de-camp, each with the rank of lieutenant-colonel; one chief engineer, one paymastergeneral, one judge-advocate general and one surgeon-general, each with the rank of colonel; two standard bearers, and a standard guard of two, each with the rank of sergeant-major. As amended, Stats. 1907, 63.

See sec. 3993, adjutant-general.

4005. Staff of major-general-Brigadier-general-Adjutant-general.

SEC. 47. The staff of each major-general of division shall consist of one assistant adjutant-general, with the rank of lieutenant-colonel; two aides-decamp, with the rank of major; one engineer officer, one ordnance officer, one quartermaster, one commissary, one paymaster, one division inspector, one judge advocate, and one surgeon, with the rank of lieutenant-colonel, and four staff orderlies with the rank of sergeant-major. The staff of the adjutantgeneral shall consist of one aide-de-camp, with the rank of captain. The staff of each general of brigade shall consist of one assistant adjutant-general, with the rank of major; one aide-de-camp, with the rank of captain; one engineer officer, one ordnance officer, one quartermaster, one commissary, one paymaster, one brigade inspector, one judge advocate, and one surgeon, with the rank of major, and two staff orderlies, with the rank of sergeant-major. [Sec. 48 repealed, Stats. 1897, 63, 64.]

[Secs. 49 and 50 repealed, Stats. 1899, 37.]

Aide-de-camp to adjutant-general to rank as colonel, sec. 4023.

4006. By-laws of battalion or regiment.

SEC. 51. Regiments, battalions and companies may adopt, for the regulation of their business and the government of their members, constitutions, by-laws and rules, not in conflict with the laws of this state; provided, that unless a company be then under call for active service, no member shall be elected except by ballot and upon one month's notice given at a regular meeting and posted in the armory, and the rules as to the number of votes required to elect or defeat a candidate shall not be suspended.

4007. Records, how kept.

SEC. 52. It shall be the duty of the acting orderly sergeant of the company and sergeant-major of the battalion or regiment to keep a perfect and complete record of the constitution, by-laws, rules and regulations of his company, battalion, or regiment, which shall be signed by the captain or commander, and countersigned by the orderly sergeant or sergeant-major, and said record shall, at all times, be subject to the inspection of any member of the company, battalion, or regiment, and all military officers or persons interested therein, and if any member of such volunteer company, battalion, or regiment shall fail to comply with the provisions of such constitution, by-laws, rules and regulations, he may be expelled from such company, battalion, or regiment, and his name erased from its roll.

4008. Rules and regulations of United States army control.

SEC. 53. The rules of discipline and regulations of the army of the United States shall, so far as the same may be deemed practicable by the

commander-in-chief, constitute the rules of discipline and regulations of the organized militia of this state, and the rules and articles of war established by Congress for the army of the United States shall be adopted, so far as they may be applicable for the government of the militia of Nevada in active service.

4009. Commander-in-chief may promulgate rules.

SEC. 54. The commander-in-chief may promulgate such directions, rules and regulations for the government and conduct of the national guard as may be necessary, but he shall not require any company to go beyond the boundaries of the county to which it belongs, except on a call for active service. or by special authority of law.

4010. Term of enlistment.

SEC. 55. Persons elected to membership in a company shall enlist either for one, three, or five years.

See sec. 4015.

4011. Reenlistment, when presumed.

SEC. 56. When any member shall continue in the national guard three days after the expiration of the term of his enlistment he will be deemed reenlisted for a similar term.

4012. Members of militia may be discharged, when-Honorable service. SEC. 57. Every active member of a company who shall have served on enlistment for three years shall be entitled to a certificate of service and honorable discharge; and every member of a company who shall have served for seven years shall, in addition, be entitled to a metallic bar as a designation of honorable service to the state. But no certificate or bar shall be granted unless the person to whom it is granted shall have attended at least sixty per cent of the company drills during the required time, except he be a commissioned officer above the rank of captain.

4013. Past service considered.

SEC. 58. Every person at the time of the passage of this act, a member of a company, and who has been a member for not less than two years, may have the time of his past service taken into account in granting certificates or bars; provided, he shall after the passage of this act, and without having discontinued said service, enlist and serve for not less than one year. 4014. Power of commander-in-chief to suspend requirements.

SEC. 59. The commander-in-chief shall have power to temporarily suspend the requirements regarding enlistment and allow persons to join companies for a less time than one year; provided, such suspension shall relate to all the companies in the state and shall be promulgated by a general order. But the time of such suspension shall not be taken into account in computing the time of service required for certificate or bar.

4015. Period of enlistment.

SEC. 60. Every person joining a company shall be deemed enlisted for a period of one year from the date of his election, unless he enlists for a longer period.

See sec. 4010.

4016. Exempt from jury duty, when.

SEC. 61. Every member of a company who has attended sixty per cent of the drills of his company for a year past, and who produces a certificate to that effect, signed by the officer commanding the company, and every regi

mental officer actually performing military duty as such, shall be exempt from jury duty. Any person not properly exempt under the provisions of this section, may be punished by the court for contempt, for falsely claiming such exemption.

4017. Duties of military auditors-Military supplies may be sold, when. SEC. 62. It shall be the duty of the board of military auditors to audit and pay all reasonable expenses incurred by volunteer companies in the service of this state under orders for active duty, and officers attached to the same, and all other claims required under the provisions of this act; to personally inspect, at least once in each year, all military supplies, stores and property belonging to the state and in possession of the adjutant-general, and to condemn such portion thereof as may be deemed worthless or unfit for safe use by the militia of this state, and cause the same to be sold or disposed of, as may be deemed for the best interest of the state; and the treasurer of the state is hereby required to pay such claims as herein provided for, and as audited by said board out of any moneys in the general or military fund not otherwise appropriated.

4018. No compensation..

SEC. 63. No member of the national guard shall be entitled to compensation for attendance at an encampment merely for drill practice or instruction. 4019. System of drill-United States regulations.

SEC. 64. The system of instruction in drill regulations prescribed for the different arms and corps in the United States army shall be followed in the military instruction and practice of the militia of this state, as far as practicable, and the use of any other system is forbidden.

[Sec. 65 repealed, Stats. 1897, 64.]

4020. Acts and parts of acts repealed.

SEC. 66. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 16, 17, 18, 19, 20, 22, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 53, 55, 72 and 75 of "An act to provide for organizing and disciplining the militia of the State of Nevada," approved March four, eighteen hundred and sixty-five [p. 189], and all acts or parts of acts amendatory of and supplemental to said sections, and an act amendatory of and supplemental to said above-entitled act approved March one, eighteen hundred and eighty-three [p. 91], and an act amendatory of and supplementary to said above-entitled act, approved March three, eighteen hundred and eighty-seven [p. 101], and all other acts and parts of acts in so far as they conflict with the provisions of this act, are hereby repealed.

4021. [This section is the same as 4033, and is therefore omitted.]

An Act relative to military affairs in this state.

Approved March 19, 1891, 76

4022. Militia to be called out for drill each year.

SECTION 1. It shall be the duty of the governor to call out the state militia for no less than four days, and not to exceed the period of six days, during each and every year from and after the passage of this act, for the purposes of military drill.

4023. Aide-de-camp to adjutant-general rank as colonel.

SEC. 2. The aide-de-camp to the adjutant-general from and after the passage of this act shall rank as colonel.

[Sec. 3, carrying appropriation, omitted.]

An Act to prohibit and punish the retention of state and company property. or any property in charge of the national guard, by individuals.

Approved March 1, 1893, 62

4024. Dispossession of military property.

SECTION 1. Every person, whether a member of any of the organized militia companies of this state or not, shall, upon request of the commanding officer of a company, immediately surrender to said commanding officer all company and state property (not money) received or possessed by him, and likewise all other military property in his possession.

4025. Idem-Penalty for retention of unlawfully.

SEC. 2. Any person who shall illegally retain in his own possession or shall fail to surrender any article of such property shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for a term not exceeding fifty days, or by both such fine and imprisonment.

4026. Idem-Exception.

SEC. 3. Nothing contained in this act shall authorize an officer to order a member of a company, not under his command, to yield possession of property which is properly in the charge of such member under orders.

4027. National guard to consist of one battalion.

SECTION 1. In time of peace the Nevada national guard shall consist of one battalion of not more than five companies of infantry, to be allotted and stationed in such localities of the state as the necessity of the service, in the discretion of the commander-in-chief, may require, and he may transfer, attach, consolidate, or disband companies, and to reorganize the same as he may deem advisable.

4028. Idem-Major-Qualifications.

SEC. 2. The battalion shall have one major, who shall have served not less than three months as a commissioned officer in the United States volunteers or regular army, and shall be appointed by the commander-in-chief. 4029. Idem-Commissioned staff to consist of.

SEC. 3. The commissioned staff of the battalion shall consist of one adjutant, one quartermaster, one assistant surgeon and one chaplain, each with the rank of first lieutenant, and nominated by the battalion commander. 4030. Idem-Noncommissioned staff.

SEC. 4. The noncommissioned staff of the battalion shall consist of one sergeant-major, one quartermaster-sergeant, one hospital steward and one principal musician, appointed by the battalion commander.

4031. Company to consist of.

SEC. 5. Each company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, five sergeants, eight corporals, one artificer, one cook, one wagoner, and two musicians, and not less than forty, and not more than eighty, privates.