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troop* a* well as the expense Incurred
for pay. care and subsistence of officers and enlisted men temporarily disabled in the line of duty, while on such duty, shall be paid by the county where such service is rendered. The treasurer of such ooiuity shall, upon presentation to him of vouchers and pay rolls for such expense* and compensation, certified by t he commanding officer of the organiza tion or corps on duty in aid of the civil authority in such county or counties, and approved by the adjutant general, forthwith execute in behalf of and in the name of such county a certificate or cer tificates of indebtedness for the money required to pay such vouchers and pay rolls; such certificates shall bear inter est at the rate of not to exceed six per centum per annum, and shall be made payable on the first day of January fol lowing the expiration of two months from their issue, and the amount thereof shall be raised in the next tax budget of said county succeeding their issue, and applied to the payment of such cer tificates. Said county treasurer shall sell such certificates at publio and pri vate sale, and apply the proceeds there of to tne payment of such expenses and compensation. Any county treasurer or public officer, who shall neglect or re fuse to perform any of the duties re quired by this section, shall be person ally charged with the costs and all nec essary. disbursements of any action or proceeding brought to compel such per formance. together with a reasonable ad ditional allowance to the plaintiff or re lator in such action or proceeding, to be fixed. Section 8P. Tn addition to all other pay and allowances herein provided there shall be allowed each company commander or other officer who in the opinion of the adjutant general Is en titled to remuneration for care and re sponsibility of military property, not ex ceeding fifty dollars per annum; each company clerk, and each company quar termaster sergeant, not exceeding twenty-five dollars per annum. To all officers ordered to make Inspec tion or other Journeys necessary in the military service, there shall be allowed fin Mutual ana necessary expanse inci dent to the performance of said service, including such incidental expenditures as are allowed by law and regulations to officers of the regular army when in specting the organized militia. Whenever deemed necessary, the 0 j .iutant general may authorize the com mutation of rations for enlisted men, which shall he at the rate fixed by the regulations of the United States army in force at the time. The adjutant general whenever neces sary, and in such manner as he may deem best, shall provide suitable mounts for all officers and enlisted men required to pcrfo^pi mounted duty. He shall also approve all other just and reason able claims, payments, and expenditures, legally made in behalf of the military service of the (State. Section 90. All military accounts, un less otherwise specially provided by la w, shall bo approved by the person author ized to contract the same and transmit ted to the adjutant general for his ex amination and approval. They shall then be presented to the State auditor, and if found correct shall 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; ac counts so allowed shall bo paid by him to the persons to whom they are sever ally due, or to their order; provided that no payment whatever shall be made or allowed except for duty actually per formed or services actually rendered; and provided that no payment of ar.y sum authorized by this chapter shall ! 0 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 pro vided further that whenever the gover nor shall deem it necessary he may draw his warrant on the State treasurer In favor of the paymaster general for suoh sums from the military fund or the appropriation for the support of the naval militia as may be required to meet Immediate payments for current expenditures, such funds to bo ac counted for separately on a monthly ac count current to be filed with the State auditor and any unused balance to bo covered into the State treasury when ever directed by the governor. Section 91. For the purpose of rais ing revenue to defray the current ex penses of the national guard and naval militia there shall be appropriated , an nually from any money in the treasury not otherwise appropriated the sum of forty-five thousand dollars, of which sum at least five thousand dollars or so much thereof as may be necessary shall he appropriated by the paymaster gen eral for the support of the naval militia. The revenue thus raised shall he paid Into the State treasury and be converted into a special and continuous military fund, from which special fund only, ex cept where herein otherwise specified, shall be paid the expenses authorized by this act: and so much thereof as may be necessary is hereby appropriated to car ry out the provisions of this article, to be paid upon vouchers approved as pro vided in section ninety. Section 92. Any member of the no tional guard or naval militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of the peace, insurrection or invasion, or when ever called into active service of the Stat<-* by order of the governor, or called in aid of the civil authorities, or when participating by order of the governor In nnv pnramnmont manom-ort' field instruction of any part of the regu lar army at or near any military post or ■amp or lake or sea coast defenses of the TTnited States, np when participating by order of the governor in practice marches or camps >>f instruction for at least five consecutive days, receive any injury, or incur or contract any disabili ty or disease, by reason of such duty or assembly "therefor, or who shall without fault or negligence on his part receive any wound or injury incident to and wlille performing any lawfully ordered duty, which shall temporarily incapac itate him from! his usual business or oc cupation. shall during the period of such Incapacity, receive the pay provided by section eighty-eight, and actual and necessary expenses for care and medical attendance. No claim shall lie allowed under this section unless the claimant within thirty days after receiving the Injury or contracting the disease or dis ability upon which the claim is based, notifies in writing the adjutant general of his intention to make such claim. T'nder this section no disability shall be considered temporary which continues more than ninety days after the date of receiving the injury or of contracting or incurring the disease or disability, and 5»av and expenses for care and medical attendance for more than the safe! ninety days shall not be allowed. Where a claim is made under this section, the claimant shall, within thirty days after receiving the injury or contracting the disease or disability upon which the claim is made, or such further time as the adjutant general shall grant, submit to the adjutant general his proof by affidavit or otherwise as the adjutant general may direct. On examination thereof the adjutant general may allow or disallow the whole or any part of said claim, or he may refer the same to a medical examiner or to a board of three officers, at least one being a medi cal officer, to be appointed by the adju tant general, and such medical examiner or hoard shall have the same power to take evidence, administer oaths, Issue subpoenas and compel witnesses to at tend and testify and produce books and papers, and punish their failure to do so, as is possessed by a general court martial. The finding of the medical ex aminer or hoard shall be subject to the approval of the adjutant genera], who may approve the whole or any part thereof, or he may return the proceed ings for revision or for taking further testimony. The adjutant general may cause an examination of the claimant to he made from time to time by a medical officer or officers, designated for the pur pose, and may direct the removal of a claimant to, and his treatment in, any hospital designated hv the adjutant gen eral, and if the claimant refuse to per mit any examination herein provided for, or If he refuse to go to such hospital, or to follow the advice given or treatment prescribed for him therein, he shall thereby forfeit and be barred from all rights to any claim or allowance under this section. The amount found due such member by the adjutant general, either on his own Investigation or on the report of a medical examiner or board to the extent approved by him, shall be a charge against and be paid In the manner pro vided In section eighty-eight by the county in which such duty was ren dered, in every oase where a oounty la by said section made liable to pay tor -performance of military duty t and > in all other cases such sums shall be a claim against the State of Maine, and the adjutant general shall’bo certify tc the governor and council Who will cause their warrant to be drawn for the amount so certified, and the treasurer oi the State shall pay said amount to the claimant from any moneys in the treas ury not otherwise appropriated. Section 93. It shall be the duty of municipal officers to provide ami main tain lor each platoon or company of the national guard or naval militia lo cated within the limits of their respect ive towns a suitable drillroom, offices and armory, or place of deposit of all military property, and for the head quarters of each separate battalion, corps, regiment, and brigade estab lished within said municipal limits suitable headquarters offices; and the suitability for the necessary military purposes, of such drillrooms, armories and headquarters offices, shall be deter mined by the armory commission. A reasonable compensation shall be fixed by the armory commission, after hear ing and consulting with the responsible municipal officers, for each company, other organization, band or separate headquarters and 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 appropriation for ar mory rental, and to carry out the pro visions of this section the sum* of twelve thousand, five hundred dollars for the year nineteen hundred and sev enteen and thereafter the sum of fifteen thousand dollars annually is hereby ap propriated from any money ip the treasury not otherwise appropriated, payment to be made by the treasurer of the State upon vouchers manifested by the armory commission to the State auditor. Section 94. It shall be the duty of municipal officers to provide for organ izations of the national guard located within the limits of their respective towns a suitable target range, except where such range shall be provided out of the funds appropriated by the con gress of the 1 nited States and appor tioned to ttie State for that purpose; and it shall be the duty of such munici pal officers to maintain and keep in good repair such target range for the use of the company or companies lo cated within the limits of their mu nicipality, irrespective of the method in which such rang- may have been obtained. The suitability of such tar get range for the necessary military purposes shall be as determined by the senior officer in the ordnance depart ment of the national guard and ap proved by the adjutant general. All ranges shall be open for the use of members of the national guard at any time, including Sundays, subject to the approval of the adjutant general. Section 03. Any municipal officer who fails, refuses, cr neglects to take effective measures for providing and maintaining such suitable drillrooms. offices, armories, or headquarters as prescribed in section ninety-three, and any municipal officer who fails, refuses, or neglects to take effective measures for providing and maintaining a suit aide target range ns prescribed in sec tion ninety-four, shall bo guilty of a misdemeanor, prosecuted by complaint or indictment before a court of com petent Jurisdiction, and upon conviction shall be fined not less than one hun dred dollars nor more than four hun dred 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 cred ited to the military fund. Section 96. All municipalities In this State are hereby given power and au thority to build or acquire by purchase, lease, gift, or otherwise, suitable armor ies, drill-rooms, headquarters offices, and the land necessary tl.erefor and for target ranges for such organizations of the national guard and naval militia as may be stationed or located therein, and to provide for the maintenances and re pair of the same; and all municipalities are hereby authorized, and it shall be the duty of the officers therei f. to raise money by taxation or otherwise for the purpose of providing suitable armories, drill-rooms, headquarters offices and tar get ranges for such organizations of the national guard and naval militia, as may be stationed and located therein, in such manner as is by law provided for the erection and maintenance of all munici pal public buildings and improvements. Section 97. All armories, drill-rooms, offices, headquarters offices, and target ranges, owned by the State or by any municipality, or by any organization of the national guard and all buildings and lands leased by the State, or by any municipality, or by an officer or organi zation of the national guard, to he used as an armory, drill-room, headquarters office, target range, or for nth r military purposes shall he exempt from taxation for all purposes during the period of such owners!)ip,please and use. Section 9?. All armories, drill-rooms, offices and headquarters offices, shall be subject always to tho provisions of law and the regulations prescribed nroper authority; and said arnvwies, ' drill rooms, offices and headquarters offices, shall be held for the exclusive use of the national guard unless otherwise au thorized by the general regulations for the government of armories prescribed by the armory commission, or by special authority of the chairman of said'com mission after application in special cases by the municipal authorities in writing. Should any municipal officer use such buildines without .qnllmritv or abuse the authority or privilege so granted, they and each of them shall, In each such case, be deemed guilty of a misdemeanor and shall be punished as prescribed in section ninety-five. Section 99. The adjutant general, to gether with two officers of the line of the national guard of or above the grade of captain and two civilians ap pointed by the governor for a term of four years unless sooner relieved by proper authority and eligible to reap pointment for a like period, shall con titute an armory commission of which the adjutant general shall be the chair man. whose duty it shall he to exercise general supervision and control over all armories, drill-rooms, and* headquarters offices, to consult and cooperate with the municipal authorities and to devise effective means of obtaining and main taining such armories, and to fix, subject to the approval of the governor, ‘the compensation to he allowed to the muni cipalities as rent for them; they shall have the power, after consulting and hearing the responsible municipal offi cers, to determine the administrative question of military suitability and ade quate maintenance of all armories, drill-rooms, offices, and headquarters offices; and it shall be their duty to no tify the responsible municipal officers of all deficiencies in these respects, and should such officers fall, refuse or neglect to take effective measures for providing such suitable buildings and their main tenance, the chairman of the commission shall initiate the prosecution prescribed by section ninety-five. For each day ac tually employed in the transaction of the business of the armory commission military members other than the adju tant. general shall receive the pav of their rank as provided in section eighty-eight and civilian members shall receive as compensation the sum of five dollars; and all members shall be reim bursed for actual travelling expenses, such accounts to be paid from the mtll^ tary fund in accordance with the pro visions of section ninety. Section 100. The governor is author ized to accept In the name of the State donations of lands and buildings to be used for military purposes by the Na tional guard or naval militia under such conditions as the donors may nominate; lands and buildings so donated shall be subject to the rules and regulations pre scribed by the governor; and provided further that when any building is turned over to the State for use as an armory or drill shed the armory commission shall be authorized to approve for pay ment from the appropriation for armory rentals such sums as may be necessary for the upkeep of such building Includ ing repairs, furnishings, light, heat, wa ter and Janitor service. Section J01 Whenever the military fund shall be sufficient to warrant such expenditures, the armory commission may, with the approval and by the di rection of the governor, erect upon lands donated to the State for the pur pose either by municipalities, corpora tions or individuals, armories, drill rooms, headquarters offices or other buildings for military purposes. Section 102. Courts-martial in the national *guard shall be of three kinds, namely, general courts-martial, special courts^nartial, and summary courts martial. They shall be constituted, and have cognizance of the same subject* and possess like powers, except as tc punishments, as similar courts provided for by the laws and regulations govern m Inf the. army of the United IStatee^ and the proceedings of courts-martial of the national guard shall follow the forms and modes of procedure prescribed for said similar courts. Section 103. The rules of evidence In all courts-martial shall follow in gen eral, so far as apposite, the common law rules of evidence as observed by the courts of this State In criminal cases, but a certain latitude ih the Introduc tion of evidence and the examination of witnesses by an avoidance of restrictive rules is permissible when It is in the in terest of the administration of military justice. The accused shall *at his own request but not otherwise, be a compe tent witness; and his failure to make such request shall not create any pre sumption against him. Section 104. Presidents of courts martifil and summary court officers shall have power to issue, In the name of the State, warrants directing any sheriff or constable to arrest accused persons and bring them before the court for trial, and the accused shall have the right to demand the nature and cause of the accusation against him, and to be presented with a cojjy of the charges. He shall have the right of be ing heard by himself or council of both; end shall have compulsory process for obtaining witnesses In his favor. Section 105. Presidents of courts-mar tlal and any summary court officer shall have power to summon the necessary witnesses for the trial of cases and for that purpose shall have power to Issue, in the name of the State, all necessary subpoenas and subpoenas deces tecum. They shall have power to Issue the like processes to compel witnesses to appear and testify which courts of criminal Jur isdiction within this State may lawfully issue Such writs and processes may be directed to any sheriff or constable whose duty it shall be to serve or exe cute such writ and process when issued by the civil courts of criminal Jurisdic tion in this State. The attendance of witnesses In the military service of the State may be procured by the service of formal sub poena, or by the order of competent military authority; and every person In the military service of the State who being duly subpoenaed or ordered to martial wilfully neglects or refuses to appear or refuses to qualify as a witness, or to testify or produce docu mentary evidence, shall be deemed guil ty of disobedience of orders and pun ished by a courts-martial accordingly; and every person nut belonging to the military service of the State who being duly subpoenaed to appear as a witness before a 'courts-martial wilfully neg lects or refuses to appear or. refuses so to qualify, testify or produce docu mentary evidence. shall be deemed guilty of a misdemeanor and prosecuted like other misdemeanors in any court of competent jurisdiction and punished by a fine not exceeding one hundred dollars; provided that such witness may plead as a defense that he was not ten dered one d- v’s fee and mileage for the journey to and from the place of trial; and provided, that all witnesses shall receive the fees prescribed by statute for witnesses in the supreme judicial court, such amounts to be paid by the adjutant, general; and provided that no witness shall be compelled to incrimi nate himself or to answer any question which may tend to incriminate or de grade him. Section 106. All courts-martial of the national guard including summary courts shall have power to sentence to confinement in lieu of fines authorized to be imposed; provided, that such sen tence of confinement shall not exceed one day for each dollar of fine ancj cost authorized. All processes, warrants and sentences of courts-martial shall he executed by civil officers In this State the some as like precepts of the supreme judicial court are executed in the State and all such processes, warrants and sentences when Issued by any courts-martial shall extend to any part of the £ta.te. Section 107. When the sentence of a courts-martial adjudges a fins and costs against anv person, and such sentence has been approved as provided in arti cle forty-six. sec ion one hundred and forty of this act, or whenever a person in the military service is ordered con fined to await trial or is sentenced to ^confinement by a icourts-ma.rtial, or whenever any person Is ordered into confinement at a place or station not provided with a guard house or military prison, the governor, the court or officer ordering the court, or the officer com manding for flip iime being, as the. case may ho. shall issue a warrant of com mitm-nt direct to the sheriff ' ? th$ county in which the courts-martial was held, directing him to take the body of the person so convicted and confine him in the county jail; and it shall he the duty of the sheriff to take the. body of the person convicted and confine him in the county jail for the time specified in the sentence, or for one day for any fine not exceeding one dollar, and one additional day for every dollar above that sum, and one additional day for each dollar of cost. The costs of arrest and commitment in all courts-martial, proceedings shall he the same as us pre scribed in Revised Statutes of this State for such service in the courts <>f this State and shall bo pair! by the ad jutant. general from the military fund on presentation <-f all papers or copies of papers showing the service thereon. Such papers and copies to be certified as correct by the judge advocate or summary court. section j wo. n nenever ny any of the articles of section one hundred and forty tli© punishment on conviction of any military offense is left, to the dis cretion of the courts-martial, the pun ishment shall not exceed, in tlie enso r,f officers, dismissal from the service; forfeiture of all pay and allowances; a reprimand; a fine of two hundred dol lars and cost: arid in the case of enlisted men, dishonorable discharge from the service; reduction of non-commissioned officers to the ranks: to forfeiture of six months pay and allowance; a fine of one hundred dollars and costs. Within such maximum limit the governor may prescribe in the case of enlisted men a lesser limit which a courts-martial shall not exceed, and if no such limit lie pre scribed any fine awarded shall not ex ceed the amount of forfeiture 'pre scribed in the executive order establish ing maximum limits of punishment for enlisted men in the regular army. Section 109. The jurisdiction of the courts and boards established by this act shall be presumed, and the burden of proof shall rest on any person seek ing to oust such courts or boards of jurisdiction In any action or proceeding. No action or proceeding shall be pro secuted or maintained against a member of the military forces of this State or officer or person, acting under its au thority or reviewing Its proceedings on account of the approval or Imposition or execution of any sentence, or the im position or collection of any fine or pen alty, or the execution of any warrant, writ, execution, process, or mandate of a militafy court. Section 110. Officers of the judge ad vocate general’s department, judge ad vocates of courts-martial, and summary court officers, are hereby authorized to administer oaths for the purpose of military administration, and shall charge no fee for the same. Section 111. Each summary court and the judge advocate of each special court shall, at the end of each month, make a report to the adjutant general of the cases tried, setting forth the of fense committed and the penalty award ed, which reports may be destroyed when no longer of use. Section 112. The provisions in regard to courts and boards established by this act shall apply, so far 'as apposite, to the naval militia. Section 113. Each company, troop, battery, and detachment lh the national guard shall assemble for drill and in struction, Including indoor target prac tice, not less than forty-eight times each year, and shall, in addition thereto, participate in encampments, maneu vers, or other exercises, including out door target practice, at least fifteen days in training each year, Including target practice, unless such company, troop, battery, or detachment shall have been excused from participation In any part thereof by the secretary of war' Provided, that credit for an assembly for drill or for indoor target practice shall not be given unless the number of officers and enlisted men present for duty at such assembly shall equal or exceed a minimum to be prescribed by the governor, nor unless the period of actual military duty and Instruction par ticipated in by each officer and enlisted man at each such assembly at which he shall be credited as having been present shall be of at least one and one-half hours’ duration and the character of training such as may be prescribed by the governor or secretary of war. Section 114. When any part of th# national guard participates in encamp ments, maneuvers, or other exercises Including out-door target practice, for field or coast-defence instruction at a United States military post, or reserva* tlon, or *l»ewh«r«, It in conjunction with troops of the United States, the command of such military post or res ervation and of the officers and troops of the United States on duty there or elsewhere shall remain with the com mander of the United States troops without regard to the rank of the com manding or other officer of the national guard temporarily engaged in the en campments, maneuvers, or other ex Section 116. The uniform, arms and equipment of the national guard shall be the same as those of the regular army and navy of the United States, except that on articles of uniform and equip ment the distinguishing letters “Me.’' may be substituted for the letters “U. 8/'; each organization of the national guard and every enlisted man thereof shall be uniformed, armed, and equipped, as* is or may hereafter be prescribed or prbvlded by the laws and regulations of the United States for the national guard, and no member or organization of the na tional guard shall adopt, use or wear in the military service of the State any other uniform, arms, or equipment. All commissioned officers shall provide themselves with such uniforms, arms, and equipments as are required of commis sioned officers of the regular army and the adjutant general may purchase and Issue as State property on memorandum receipt or sell for cash to commissioned officers such articles of arms, uniforms, and equipment as he may deem neces sary. The clothes, arms, military outfit, and accoutrements furnished by or through the State to a member of the active mili tia and the uniforms, arms, and equip ment required of commissioned officers shall not be subject to any suit, distress, execution, or sale for debt or payment or taxes. Section 116. Every person, other than an officer or enlisted man of the national guard of this State, or of any other State, or of the United States army, navy, ma rine corps, or revenue or forest service, or a member of any service of the United States for whom such uniform has been prescribed by proper authority, or inmate of any veterans’ or soldiers’ home, or a member of the Grand Army of the Re public, or or me sons OI veterans ur mo boy scouts of America who at any time wears the uniform of the United States army or navy or national guard of this State, or any part of such uniform, or a uniform, or a part of a uniform similar thereto, within the limits of this State, shall be guilty of a misdemeanor, and shall upon conviction be punished by a line not exceeding three hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; provided, that nothing in this act shall be construed as prohibiting persons of the theatrical pro fession from wearing such uniform in any playhouse of theatre actually engaged in following said profession, and provided that nothing in this act shall be construed as prohibiting the unifq#>m rank of civic societies parading or traveling in a b dy or assembling in a lodge room; and pro vided further that whenever the national guard or any part thereof Is in active sir vice. or Is called into active service, no civic organization or member thereof shall parade or appear In uniform in the locality where said national guard Is in service. Section 117. The clothes, arms, military outfits, and accoutrements furnished by or through the State to any member of the national guard shell not be sold, bar tered, exchanged, pledged, loaned, or given away; and no person not a member of the military forces of this State • r. if the United States, duly authoriro d offi cer or agent of the State or of tlie Unite i States, who has possession of any such clothes, arms, military outfit, or accoutre ments, so furnished and which have been the subject cf any such unlawful dispo sition, shall have any right, title, or in terest therein; hut the same shall be seized and taken wherever found by any offiec-t^of the State, civ 1 or military, and shall thereupon be delivered to any com manding officer or other officer authorized to receive the same, who shall make no Immediate report to the adjutant general. The possession of any such clothes, arms, military outfits, or accoutrements by any person not a member of the military tv'• 's of the State or of the United States shall he presumptive evidence of such sale, barter, exchange, pledge, loan, or gift. Section 118. Any person who shall sell, or offer for sale, barter, exchange, pledge, loan, or give a'jvay, secrete or ret ’n after demand made by any officer of the State, civil or military, any clothes, arms, mili tary outfits, or accoutrements furnished by or through the State to a member of the national guard, or who shall receive by purchase, barter, exchange, pledge, loan, or gift, any such clothes, arms, mili tary outfits, or accoutrements shall be guiitv of a misdemeanor and punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding six months, or by both such fine and impris onment. Section 119. The adjutant general shall, whenever it may he necessary, make ar rangements for the repair. < leansing, and renovation of all clothes, arms, military outfits, or accoutrements on hand * r issued to any organization of the national guard; and when the necessity of such repair, cleansing, or renovation is due to the fault or negligence of any member of the national guard, the cost thereof shall be charged against any pay due or to become due such member or recovered in the same manner as a fine, forfeiture, or penalty, as prescribed by this chapter. Section 120. The inspector general or tant general may designate, shall inspect and condemn public military property which has become unfit for use: no prop erty shall he sold until it has been so in spected and condemned, arid such con demnation approved by the gover nor; and the proceeds of sales of condemned material, stores, supplies, or other public military property of every kind shall be deposited v^ith the adjutant genera’], paid into the State treasury, and credited to the military fund. Section 121. All property furnished by the State shall remain and continue to he the property of the State, to be used for military purposes only, and when not so in use shall be kept in the armories or designated places of deposit# provided, however, that upon order of the governor and council, the quartermaster general is authorized to issue to the municipal offi cers of any city or town field ordnance of obsolete pattern under such regulations as the governor and council may pre scribe. Every officer receiving public property for military use shall be hell responsible for the safe-keeping and the return of the same when called for; he shall account for and make such returns thereof as may be prescribed whenever called upon so to do by the governor or other proper authority. Each officer ac countable for State or federal property issued to him for use of an organization of the national guard shall be required to give a bond tc the adjutant general of the State of Maine in the sum of one thousand dollars, conditioned on the safe keeping and return, when called for, of all such State and federal property in good condition, reasonable wear and tear excepted, and the expenses incurred by entering into such bond shall be paid for from the military fund. Section 122. Any officer, enlisted man or other person, who shall wilfully or maliciously destroj'-, injure or deface any article of military property belonging to the State, or shall use it for other than military purposes, or shall have or re tain the same in violation of law or regu lations shall be punished by a fine not exceeding fifty dollars. And in case any officer or enlisted man of the national guard who has at any time through care lessness or Inattention lost, destroyed or suffered to be lost or destroyed, any State or government property which has been issued for his use, the paymaster general shall retain out of the pay or allowances or moneys due such officer or enlisted man for any military services whatso ever, an amount of money equal to the value of the property so lost or destroyed, and money so retained shall be credited to the account of such officer of the na tional guard as may be accountable to the State for said property. Such por tion of said money as shall be for State property shall be turned in to the treas urer of the State, to be credited to the military fund, and such portion as may be for United States property shall be turned In to the United States treasury to be credited to the State on its property returns. Section 123. Every person belonging to the national guard of the State shall in all eases, except felony and breach of the peace, be privileged frqm arrest while going to, remaining at, or return ing from any place at which he may be required to attend for the election of officers or other, military duty. Section 124. Every member of the na tional guard, every retired officer, and every enlisted manv holding the certificate of merits shall be exempt from all Jury duty; production of a certificate from the claimant’s commanding officer showing that the holder Is a member of the na tional guard, or a certificate of retire ment, or of a certificate of merit, or the sworn statement Athe claimant that he is such member, rWired officer, or holder of a certificate of merit, shall be prima facie proof that the claimant Is entitled to the exemption. Section 125. No organization of the na tional guard shall perform any voluntary military service except as authorized by this act or by the express orders of the governor. Section 12Q. No organization of the na tional guard shall leave the State, and no military organization of another state, unless acting under the authority of the United States, Bhall enter the State, ex cept in each case by permission of the governor. Section 127. No body of men, other than the national guard and the troops of the United States, shall associate themselves together as a military company or or ganization, or parade in public with fire arms in any city or town of this State; nor shall any city or town raise or ap propriate ar.y money toward arming, equipping, uniforming or in any other way supporting, sustaining or providing drill-rooms or armories for any such body of men; but associations wholly composed of soldiers and sailors honorably dis charged from the service of the United States and the order known as the Sons of Veterans may parade at any time in public with firearms, having first ob tained the written permission of the city or municipal officers of the town or city in which they reside to parade, and stu dents in educational Institutions where military science Is taught as a prescribed part of the course of instruction, may, with the consent of the governor, drill and parade with firearms in public under the superintendence of their military in structors. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and punished by a fine not exceeding ten dollars, or by Imprisonment not exceeding six months, or bv both such fine and imprisonment. Section 12$. The commanding officer of rading or performing any military duty in any street or highway, may require any or all persons in such street or high way, to yield Hie right of way to such national guard, provided the carriage of the United States mail, the legitimate functions of the police and the progress and operations of the hospital ambu lances, tire engines, and fire departments, and apparatus of the insurance patrol shall not be interfered with thereby. All others who shall hinder, delay, or ob struct any portion of the national guard whenever parading or performing any military duty, or who shall attempt so to do, shall be guilty of a misdemeanor. Section 120. Every commanding officer, when on duty as such, may tix necessary hounds and limits to his camp, or parade, not Including a road so as to prevent passing. Whoever intrudes within the limits of the parade camp or armory, a tier being forbidden, or resists a senti n* who attempts lo put him or keep him out of such limits, or in any manner in terrupts or molests the orderly discharge of duty by those under arms, or disturbs, hinders, or prevents the passage of troops going to or returning from any duty, may, at the discretion of the commanding officer, be confined under guard not ex ceeding twenty-four hours. Such au thority of an officer c-.mma ruling a camp may he extended by < rder oT the com mander-in-chief to r distance not exceed ing one-half mile around such camp; pro vided, that the owner or owners of the external space witlrn such distance f the camp, and their 'gents <r s- wants shall not he hindered or prevented from enter ing upon such space for the purpose o£ using, occupying, and improving the same, in the same manner in which they used, occupied, and improved the same at the time when the camp was established. The commanding officer of any camp or armory shod prohff t the introduction or sale (;f, or dealing in. beer, wine, or any Irtt ixicating liquor within the limits o: extended limits of the camp or within the armory, and he may a beta as common nuisances al! such sales and introduc tions. Section 120. Any person wrho, either by himself or with another wilfully deprives a member of U e national guard or naval militia of his employment or prevents his being employed by himself or another, or obstructs or annoys saM member of said national guard or naval militia or his employer in respect of his trade, business, or employment, because said member of said national guard or naval militia is such member, or dissuades any person from enlisting in the said national guard or naval mil'tia by threat of injury to him in case be shall so enlist, in respect of his employment, trade, or business, shall be deemed guilty of a misdemeanor and upon coi action thereof shall he pun ished by a line not exceeding five hun dred dollars, or by imprisonment not ex ceeding six months, or by both such fine and imprisonment. Section 131. \o association or corpora tion, constituted or organized for the pur pose of promoting the success <>f the trade, employment, or business of the members thereof, shall hv any constitu tion. rule, by-law, resolution, vote, or reg ulation. discriminate against, any member of the national guard or naval milit'a be cause of such membership, in respect of the eligibility of such member of the na tional guard or naval militia to member ship in such association or corporation, or in respect to his rights to retain said person who aids in enforcing- any such provisions against a member of the saiil national guard or nnval militia with in tent to discr'minpto against him because of such membership, shall bo guilty of a misdemeanor and upon f'onviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Section 132. Whoever shall unlawfully molest, insult, or abuse any member of the national guard or nnval militia, while in the performance of his military duty, shall he deemed guilty of a misdemeanor and on conviction thereof, shall be pun ished by a fine not to excited five hundred dollars, or by imprisonment not exceeding six months, or by bpth such fine and im prisonment. Section 133. Offenses against the pro visions of this chanter, except when they are purely military and committed by a person subject to military jurisdiction, may, unless a different remedy is spec ially provided, be prosecuted' by com plaint or indictment before a court of competent criminal jurisdiction; and all fines and forfeitures collected under the provisions of this chapter, the disposi tion whereof Is not otherwise specially provided for. shall be paid into the State treasury and credited to the military fund. Section 134. Civil officers named In this chapter, neglecting or refusing to obey Its provisions, shall be guilty of a mis demeanor. Section 135. Companies of the national guard may make by-laws, subject to the written approval of the adjutant general, not repugnant to law, orders, or regula tions, and fix a sum to bo paid by any member of such company for non-compli ance therewith not exceeding five dollars. Any member who fails to pay such sum so fixed, within thirty days after notifica tion that the same is due, shall he deemed guilty of conduct to the prejudice of good order and military discipline, and pun ished by a • court-martial accordingly; and all forfeiture resulting therefrom shall be paid into the company treasury. Section 136.—The commissioned officers of the national guard may organize them selves into an association the name of which shall be The National Guard Asso ciation of the State of Maine. Such asso ciation may adopt a constitution and by laws not repugnant to the law, orders, or regulations, and altar and amend the same, and may take and hold such real and personal property ns may be neces sary for the purposes of the association. Section 137. The governor is hereby authorized to make such rules and regu lations as he may deem expedient, but such rules and regulations shall conform to this chapter, and regulations pub lished by the militia bureau of the war department for the government of the national guard of the United States, as nearly as practicable, to those govern ing the United States army and navy, and when promulgated, shall have the same force and effect as the provisions bf this chapter. The rules and regula tions in force at the time of the passage of this chapter, and not inconsistent herewith, shall remhin in force until new rules and regulations are approved and promulgated. Section 138. The national guard when called as such into the service of the United 'States shall, from the time they are required by the terms of the call to respond thereto, be subject to the laws and regulations governing the regular army, so far as such laws and regula tloiis art applicable to officers and en listed men whose permanent retention In the military service, either on the ac tive list or on the retired list. Is not contemplated by existing law. Section 139. Whenever any portion of the militia not being in the Bervloe of the United States shall be on duty or ordered to assemble for duty by the governor in time of actual war, insur rection, Invasion or rebellion, the ar ticles of war governing the army of the United States, the articles for the gov ernment of the United States navy, and the regulations prescribed for the army and navy of the United States, so far as consistent with this chapter and the regulations issued thereunder, shall be in force and regarded as a part of this chapter until said forces shall duly be relieved from such duty during* such state of actual war, insurrection. Inva sion, or rebellion; but no punishment under such rules and articles which shall extend to the taking of life, shall In any oase be Inflicted until the approv al by the governor of the sentence In flicting sucn pnulshment. Section 140. Except as provided In the preceding sections the officers and soldiers of any troops whether national guard or unorganized militia of this State or otherwise, appointed, enlisted, mustered or drafted Into the military forces of this State, shall, at all times, and In all places, be governed by the following rules and articles and shall be subject to be tried by courts-martial. I. Preliminary Provisions. Article 1. The following words when used In these articles shall be con strued In the sense indicated In this ar ticle, unless the context shows that a different sense Is intended, namely: (a) The word “officer" shall be con strued to refer to a commissioned offi cer; (b) The word “soldier" shall be con strued as Including a non-commissioned officer, a private, or any other enlisted man; <c) The word “company" shall be un derstood as Including a troop or battery; and (d) The word “battalion" shall be un derstood as including a squadron. Article 2. The following persons are subject to these articles and shall be un derstood as included in the term “any person subject to military law,” or “per sons subject to military law,” whenever used in these articles: to the national guard of the State of Maine; all volunteers, from the dates of muster or acceptance Into the military service of the State of Maine; and all other persons lawfully called, drafted or ordered Into, or to duty or for train ing in, the said service, from the dates they are required by the terms of the call, draft, or order to obey the same: (e) All persons under sentence ad judged by courts-martial. ii. cot;rts-martiat>. Article 3. Courts-martial shall be of three kinds, namely: First, general courts-martial; Second, special courts-martial; and Third, summary courts-martial. A. Composition. Article 4. All officers in the military service of the Maine national guard shall be competent to serve on courts martlal for the trial of any persons who may lawfully be brought before such courts for trial. Article 5. General courts-martial may consist of any number of officers from five to thirteen, inclusive; but the' si ill not consist of less than thirteen, when that number can be convened with out manifest injury to the service. Article C». Special courts-martial may bo nr-1st of any number of officers from three to five, inclusive. Article 7. A summary courts-martial shall consist of one officer. B. By Whom Appointed. Article 8. The President of the Uni ted Sta.te3 and the governor of the State of Maine may appoint general courts martial. Article 9. The commanding officer of a district, garrison, fort. camp, or other place where troops are on duty, and the commanding officer of a brigade, regi ment. detached battalion, or other de tached command may appoint special courts-martial; but when any such commanding officer is the accuser or ti e prosecutor of the person or persons to be tried, the court shall be appointed by superior authority, and may in any case be appointed by superior authority when by the latter deemed desirable; and no officer shall be eligible to sit as a mem ber of such court when he is the accuser or a witness for the prosecution. Article 10. The commanding office of a garrison, fort, camp, or other piece where troops are on duty, and the com manding officer of a regiment, detached battalion, detached company, or otho: detachment may appoint summary courts-martial; but such summary courts-martial may in any case be ap pointed by superior authority when by r#the latter deemed desirable. Provided, that when but one officer Is present with a command he shall be the summary courts-martial of that command and shall hear and determine cases bought before him. Article 11. For each general or spec ial court-martial the authority appoint ing the court shall appoint a judge ad vocate. and for each general court-mar tial ono or more assistant judge advo cates when necessary. C. Jurisdiction. Article 12. General courts-martial shall have power to try any person sub ject to military law for fry crime or of fense made punishable by the Military law. .Such courts shall ha\p power to -impose fines not exceeding two hundred dollars; to sentenco t » forfeit ore of six months’ pay and allowances; to - repri mand: to dismissal or dishonorable dis charge from the service; to reduction of non-commissioned officers to the ranks; or any two or more of such punishments may be combined in the sentences im posed by such courts. Article 13. Special courts-martial shall have power to try any person sub ject to military law. except an officer, for any crime or offense, not capital, made punishable by the military law: Provided, that the governor may. by regulations, which he may modify from time to time, except from the jurisdic tion of special courts-martial any class or classes of persons subject to military law. . Such courts shall have power to im pose fines not exceeding one hundred dollars; to sentence to reduction of non commissioned officers to the rank**: to forfeiture of six months’ pay and allow ances, or any two or more of such pun ishments may be combined In the sen tence imposed toy such courts. Article 14. Summary courts-martial shall have power to try any person sub ject to military law, except an officer, for any crime or offense, not capital made punishable by the military law: Provided, that the governor may, by regulations, which he may modify from time to time, exempt from the Jurisdic tion of summary courts-martial any class or classes of persons subject to military law. Such courts shall have power to im pose fines not exceeding twenty-five dollars for any single offense; to sen tence to forfeiture of three months’ pay and allowances: to reduction of non-com missioned officers to the ranks; or any two or more of such punishments nlav be combined In the sentence imposed by such court: Provided, that when the summary court officer is also the com manding officer no sentence of such summary courts-martial adjudging for feiture of pay for a period In excess of one month shall toe carried into execu tion until the same shall have been approved by superior authority. Article 15. The provisions of these articles conferring jurisdiction upon courts-martial shall not be construed as depriving military commissions, pro vost courts, or other military tribunals of concurrent jurisdiction In respect to offenders or offenses and by the law of war may be lawfully triable by such military commissions, provost courts, or other military tribunals. Article 16. Officers shall be triable only by general courts-martial, and in no case shall an officer, when it can be avoided, be tried by officers Inferior to him in rank. D. Pfbcedure. Article 17. The ludge advocate of a general or special courts-martial shall prosecute in the name of the Plate, and shall under the direction of the court, prepare the record of Its proceedings. The accused shall have the right to ho represented before the court by counsel of his own selection for his defense, If such counsel be reasonably available, but should he, for any reason* be un represented by counsel, the judge advo cate shall from time to time throughout the proceedings advise the accused of his legal rights. Article 18. Members of tC general or special court-martial run-, . by the accuser], 1 ,t -r4 ed, to l!?® ‘■°JJrt- l mine the relevant ■ of, and shall nut :. more than one in „ Article 19. *h« £2.» Uc„ * general or special ’ , „ administer to the rr. r ‘ J before they .proceed . >3 following oath or <v*~. ‘a. ’ A. 13.. do swear (or „ J well and truly try . '. 1 y0#l cording to the e. i. ... 1 now before you, bet Maine and the per.-, i that you will < without pailiamv. • ! according to the pro and articles for the « \ armies of the S’y ! any doubt should by said articles, ( j conscience, the be i ing, and the cum- ■ i oases; and you do i , \ firm) that you will i lngs or sentence *,f • shall be published thorlty, except t 1 and assistant Judj. will you disclose . or opinion of an- f of the court-mai l!,. - - give evidence then court of justice li. So help you God.” When the oath nr . administered to t eral or special < ' dent of the coin the Judge advr. pistant judge adv , or affirmation ! "You, A. H.f do you will not dlvul tences of the • proper authority duly disclosed by ■ you God.” All persons who ' a court-martial * •»« oath or aff’rmat, . form: "You swear evidence you sim:! \ in hearing shall I . truth, and i.<,r } hell) you God.” ’ Every reporter < f a court-martial m upon his dm-.--< tin in the foih.v (or affirm) th., perform the d:d i court. So help - , Every inti r ,■ " case be for- a’. ^ <>r_ affirmation t , “Y«ui swear for ; truly interpret ‘n t in&. So help v<-,;j $ In case of affirm a tence of adjurat: Article 20 An reasonable cause J e!tlir>r party ' as may appear t Article 21. V, . raigned before a j stinacy and d-d;' mute or ansvy r "4i the court nv • ; T judgment as jf - *: guilty. | Article 22. K .. a general or "q every summarv • n power to Jssuj ti:,» ) pel witnesses t,. i which courts of - innl ■ A: to militarv In < 1 oenned r., a;,;--'-- J any military . 1 °f itKlufr'’, r»j |,. if eer. military or a deposition t-• ii fore such co-mi ' ’ Inquiry, or i.o;,,'.] M o refuses to ftp;..- , O’ as a wit m ss. <luee document aw . d person may Kw ' -c mied to pr-.ducu. • of a mfsdemec "t son shall be pi;--'. * In any court ha . tjon in tliis Stm. •* '* hereby conferred '} such .purpose; and of t he c -'UMtv at r,i• ; of original crim certification of tj... military court. c< ’ tjuiry. or board, t>- ! aei, i»«3t and pr« s fencing, and th. . person, on convd t; not i no re than !;• , imprisonment mi mouths, or i.ot') ■ * • court; Provided, f ’ : wit lies s and Jits’ •' am-wed to wit;. courts of the Si ••• or tend “red said v. ! 1 - paid out of ■ ■ J Article 21. X0 v. '. court., commm; board, or before a-■ ..J civil, dcrignate ■ ‘ be read in cv.\. J., court, ciminiyin- . ^ board, shall he - j himself or to at may tend to j; Article 23. a s-1ion taken up the opposite par- . • before any t ; • . . Jii any case wy .' ceeding before a milita ry hoard. • tnimu w.' r-n the v or is about to ; beyond the distar from the place , . when it aopears t. ■] c'nirt, I'oinmlssi ■ authority that th age, sickness, b. ; t-w-nt, or ether ■ able to appear c• tiro pin-T* of tr'.ii that tesrimorn adduced f--r the evidence liofi -.. j slon, courts of in or for other c • tion. may lot }., catod by any o;. i the laws of the p! tion Is taken to Article 27. The r fngs or a court < \ in evidence lief militarc comm;-.-:: tal not extendi: , officer, and • ia\ . in any pro-'crdii quirv or a no lit • such evidence » - fense in r;>pun I to the dismissal Article 28 Ai j tendered his res;, notice of the a quits his post or : leave and with ' permanently tit- r \ a deserter. Article 20. Any • having first rer i again enlists !•■ Guard, or in the ; corps of the Vn't- 5 eign army, shall j sorted the servi where the enlistm tlonal Guard mer fraudulently enlh-r. Article 30. When- ^ lal court-martial sion, the Judge ,- p judge advocate, ;r ?• and when their h • j sistance in referrm dence is require !. open court, and in •' ’ cused and of hi: Article 31. Mom’ special court-mart votes, shall begin w!' Article 32. A c< a at discretion, sui contained in arti-’• who uses any nn gestures in its ;>t its proceedings by Article 33. Each l shall keep a sepa^ feedings in the trl 1 before it. and suo'a thentlcated hv the - rlent and the jude-' the record can n- t the Judge advocate death, disability, or signed by the pres i judge advocate, if ! assistant Judge n-!v \ his dentil, disability. the president and ot the court. Article 34. Each sp and each summary j keep a record of it.- > J for each case, win- ’ such matter and ho manner as may lo tions which the govt •1 \ to time prescribe. Article 35. The ludge '