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drills under such regulations as he shall prescribe, such regulations to be prepared for his consideration by a special board consisting of the adjutant general, the commanding officer of the coast artillery corps, the commanding officer of the second infantry and the commanding officer of the ship's company, naval reserve.'

CHAP. 81

amended.

Section 12. Amend section eighty-six of chapter two hun- Section 86, dred and six of the public laws of nineteen hundred and nine by inserting after the word "commander"in the ninth line thereof the words 'or other officer who in the opinion of the adjutant general is entitled to such remuneration,' so that said section as amended shall read as follows:

Additional

lowances $100.

pay and al

exceeding

not

subsistence

'Section 86. In addition to all other pay and allowances herein provided, there shall be allowed, subject to such regulations as the commander-in-chief may prescribe, to an adjutant general on the staff of a brigade commander, to a regimental adjutant, to the senior officer of the medical department, to the senior officer of the ordnance department, each, a sum not exceeding one hundred dollars per annum. To the senior officer of the subsistence department, not exceeding fifty dollars per annum. To each company commander or other officer who in the opinion of the adjutant general is entitled to company such remuneration, for care and responsibility of military property, not exceeding fifty dollars per annum; to each company clerk, and to each company quartermaster sergeant, not exceed ing twenty-five dollars per annum.

department

$50.

commander

$50.

company quartermaster

clerk and

sergeant $25.

expenses.

'To all officers ordered to make inspection or other journeys Traveling necessary in the military service, there shall be allowed all actual and necessary expenses incident to the performance of said service, including such incidental expenditures as are allowed by law and regulations to officers of the regular army when inspecting the organized militia.

'Whenever deemed necessary, the adjutant general may authorize the computation of rations for enlisted men, which Rations for shall be at the rates fixed by the regulations of the United States in force at the time.

"The adjutant general whenever necessary, and in such manner as he may deem best, shall provide suitable mounts for all officers and enlisted men required to perform mounted duty. He shall also approve all other just and reasonable claims, payments, and expenditures, legally made in behalf of the military service of the state."

enlisted men.

Mounts provided by

adjutant general.

Section 87,

Section 13. Amend section eighty-seven of chapter two hundred and six of the public laws of nineteen hundred and nine amended. by adding thereto the following:

CHAP. 81

Payment of military accounts.

paymaster

general.

--proviso.

'And provided further that whenever the governor shall deem it necessary he may draw his warrant on the state treasurer in favor of the paymaster general for such sums from the military fund or the appropriation for the support of the naval reserve as may be required to meet immediate payments for current expenditures, such funds to be accounted for separately on a monthly account current to be filed with the state auditor and any unused balance to be covered into the state treasury whenever directed by the governor,' so that said section as amended shall read as follows:

'Section 87. All military accounts, unless otherwise specially provided by law, shall be approved by the person authorized to contract the same and transmitted to the adjutant general for his examination and approval. They shall then be presented to the governor and council, and if found correct shall -certified to be certified to the paymaster general for payment, and a warrant shall be drawn for the amount thereof on the state treasurer in favor of the paymaster general; accounts so allowed shall be paid by him to the persons to whom they are severally due, or to their order; provided that no payment whatever shall be made or allowed except for duty actually performed or services actually rendered; and provided that no payment of any sum authorized by this chapter shall be made to any person until there shall have been first deducted therefrom all amounts due by him to the state on any military account whatsoever; and provided further that whenever the governor shall deem it necessary he may draw his warrant on the state treasurer in favor of the paymaster general for such sums from the military fund or the appropriation for the support of the naval reserve as may be required to meet immediate payments for current expenditures, such funds to be accounted for separately on a monthly account current to be filed with the state auditor and any unused balance to be covered into the state treasury whenever directed by the governor.'

-sums due

state shall be deducted.

-governor may draw warrant for current expenditures.

Section 90, amended.

Section 14. Amend section ninety of chapter two hundred. and six of the public laws of nineteen hundred and nine by adding thereto the following:

'Provided further that when he shall deem it necessary for the proper care of military property the adjutant general is authorized to lease any building or buildings or storage room, but no such lease shall be made without the approval of the governor,' so that said section as amended shall read as follows:

CHAP. 81

Armories

provided and

maintained

officers.

tion fixed by

'Section 90. It shall be the duty of municipal officers to provide and maintain for each company of the active militia located within the limits of their respective towns a suitable by municipal drill-room, offices, and armory, or place of deposit of all military equipment, and for the headquarters of each separate battalion, corps, regiment, and brigade established within said municipal limits suitable headquarters offices; and the suitability for the necessary military purposes, of such drill-rooms, armories and headquarters offices, shall be determined by the armory commission. A reasonable compensation to be fixed compensaby the armory commission, after hearing and consulting with the responsible municipal officers, not to exceed three hundred dollars per annum for each company, other organization, band or separate headquarters shall be allowed as rent for such suitable building or buildings to the municipality providing and maintaining them, and paid by the state out of the military fund. Provided further that when he shall deem it necessary for the proper care of military property the adjutant general may lease is authorized to lease any building or buildings or storage room, but no such lease shall be made without the approval of the governor.'

commission, $300

not exceeding

annually.

adjutant

general

building.

amended.

Penalty when

any municipal

officer fails or

refuses to

perform duty

prescribed.

Section 15. Amend section ninety-two of chapter two hun- Section 92, dred and six of the public laws of nineteen hundred and nine. by striking out in the fourth line thereof the words "one hundred and seven" and substituting therefor the word 'ninety,' and by striking out in the seventh line thereof the words "one hundred and eight" and substituting therefor the words 'ninetyone,' so that said section as amended shall read as follows: 'Section 92. Any municipal officer who fails, refuses, or neglects to take effective measures for providing and maintaining such suitable drill-rooms, offices, armories, or headquarters as prescribed in section ninety, and any municipal officer who fails, refuses, or neglects to take effective measures for providing and maintaining a suitable target range as prescribed in section ninety-one, shall be guilty of a misdemeanor, prosecuted by complaint or indictment before a court of competent jurisdiction, and upon conviction shall be fined not less than one. hundred dollars nor more than four hundred dollars, or imprisoned for not less than three months nor more than six months, or shall suffer both such fine and imprisonment, which fine shall be paid into the state treasury and credited to the military fund.'

Section 16. Section ninety-five of chapter two hundred and Section 95, six of the public laws of nineteen hundred and nine is amended

amended.

CHAP. 81

Armory commission created.

-duties.

-compensation.

Section 100, amended.

by adding thereto the words 'for each day actually employed in the transaction of the business of the armory commission military members other than the adjutant general shall receive the pay of their rank as provided in section eighty-five and civilian members shall receive as compensation the sum of five dollars; and all members shall be reimbursed for actual traveling expenses, such accounts to be paid from the military fund in accordance with the provisions of section eighty-seven,' so that said section as amended shall read as follows:

'Section 95. The adjutant general, together with two officers. of the line of the active militia of or above the grade of captain and two civilians appointed by the governor for a term of four years unless sooner relieved by proper authority and eligible to re-appointment for a like period, shall constitute an armory commission of which the adjutant general shall be the chairman, whose duty it shall be to exercise general supervision and control over all armories, drill-rooms, and headquarters offices, to consult and co-operate with the municipal authorities and to devise effective means of obtaining and maintaining such armories, and to fix, subject to the approval of the governor, the compensation to be allowed to the municipalities as rent for them; they shall have the power, after consulting and hearing the responsible municipal officers, to determine the administrative question of military suitability and adequate maintenance of all armories, drill-rooms, offices, and headquarters offices; and it shall be their duty to notify the responsible municipal officers of all deficiencies in these respects, and should such officers, fail, refuse, or neglect to take effective measures for providing such suitable buildings and their maintenance, the chairman of the commission shall initiate the prosecution prescribed by section ninety-two. For each day actually employed in the transaction of the business of the armory commission military members other than the adjutant general shall receive the pay of their rank as provided in section eighty-five and civilian members shall receive as compensation the sum of five dollars; and all members shall be reimbursed for actual traveling expenses, such accounts to be paid from the military fund in accordance with the provisions of section eighty-seven.'

Section 17. Amend section one hundred of chapter two hundred and six of the public laws of nineteen hundred and nine by striking out in the first line thereof the words "In all trials before courts-martial" and substituting therefor the words: 'In all court-martial proceedings the judge advocate or summary court shall have authority to issue in the name

of the state an order directing any military person or persons or any sheriff or constable to arrest and produce the accused before the court, and,' so that said section as amended shall read as follows:

CHAP. 81

-rights of

the accused. copy of

charges.

'Section 100. In all court-martial proceedings the judge ad- Court-martial proceedings. vocate or summary court shall have authority to issue in the name of the state an order directing any military person or persons or any sheriff or constable to arrest and produce the accused before the court, and the accused shall have the right to demand the nature and cause of the accusation against him, and to be presented with a copy of the charges. He shall have the right of being heard by himself or counsel or both; and shall have compulsory process for obtaining witnesses in his favor. The officer ordering a general, regimental or garrison court-martial will, at the request of any prisoner who is to be arraigned, detail as his counsel a suitable officer who shall perform such duties as devolve upon counsel for defendant before civil courts in criminal cases.'

hearing.

obtain

witnesses.

-counsel.

Section 104, amended.

Section 18. Amend section one hundred and four of chapter two hundred six of the public laws of nineteen hundred and nine by striking out after the word "person" in the second, third and fourth lines thereof the words "and such fine and costs has not been fully paid within thirty days after the confirmation thereof," and substituting therefor the words, 'and such sentence has been approved as provided in article one hundred and four of section one hundred and thirty-two of this act,' and by adding to said section the following: "The costs of arrest and commitment in all court-martial proceedings shall be paid by the adjutant general from the military fund on presentation of all papers, showing service thereon, such copies to be certified by the judge advocate or summary court.' So that said section as amended shall read as follows: 'Section 104. When the sentence of a court-martial adjudges Warrants of a fine and costs against any person, and such sentence has been approved as provided in article one hundred and four of section one hundred and thirty-two of this act, or whenever a person in the military service is ordered confined to await trial or is sentenced to confinement by a court-martial, or whenever any person is ordered into confinement under the eighty-sixth article, at a place or station not provided with a guard-house or military prison, the governor, the court or officer ordering when and the court, or the officer commanding for the time being, as the issued. case may be, shall issue a warrant of commitment directed to directed to the sheriff of the county in which the court-martial was held, directing him to take the body of the person so convicted and

commitment.

by whom

sheriff.

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