The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-05-04

II0n OF Sucn CONSTITUTION anu ~ -ld"Ss SUN
company may have process in any compe-
tent court of Jurisdiction, in the name OF
the State, for the use of such company, and
prosecute to final judgment and execution
all such fines and penalties provided for by
such constitution aud by-laws-pToVlded
that in no instance shall the State pay any
costs of such prosecutions.
Sec. IA. That all military commissions
heretofore issued, except the commissions
of staff officers, shall expire within two years
from the date thereof: PROVIDED, That any
officer holding commission under the pro-
visions of this act. who may be re-chosen to
the same Office. shall retain the same rank
as he was entitled to under his former com
mission Provided, also, That nothing in
this act shall be so construed as to disqual-
ify aEy staff officer, or any officer of the
line, from holding 9 commission after ne
NAV arrive at The the aoe of forty-Gve years.
Ind 1orovided, further, That every Office iiiie
who shall remove out of the bounds Of his
command, or who shall be absent from his
command more than six months without
leave of the commanding officer of his brig
ade, shall be considered as having vacated
his office, and new election shall be held
forthwith to fill such vacancy: Provided,
That nothing in this act shall be SO con-
strued or understood as to prevent any APP
pointed officer from being removed from his
office, whenever, in the opinion of the Off
Ger appointing him, he shall deem it advis-
sble to remove him.
UNIFORM.
Sec 15 Thatth uniform of all compa-
MES now organized; or hereafter to be or
ganized under the provisions of this act,
shall be such as the officers of companies
may select Provided, however, That if one
third of the members of any company shall
be displeased with the selection the matter
shall be brought by the whole company,
through some one appointed for the purpose,
to the notice of the Commander in Chief,
who shall have the power TO adopt or re-
iect said uniform, as to him may seem
proper: Provided, further, That companies
now organized may retain their present uni
form Proyided also, That every commits
stoned officer shall, within one month from
the time he receives his commission, uni
form himself in full; and every member of
company shall, within two months from
the time he attaches himself to his compa-
nv, procure the uniform of the same; and
if any such officer or private shall. within
the time specified, fail to procure said uni
form, he shall be mulcted in fine not more
than fifty dollars, by the Comnander-in-
Chief, to be recovered in the same manner
provi led in this act. whenever the failure to
obtain said uniform by said officers and men
is, by the affidavit of any one interested in
the matter, brought to the notice of the
Commander-in- Chief.
NEW COMPANIES.
Sec. Is. Any major general or brigadier
general, whenever he may think proper,
may commission any one competent for the
work, to raise a new company or compa-
MES, provided that any such off GER issuing
such order may designate the limits within
which said company or companies are to be
raised
Sec II. All military equipments, accou-
terments. arms and military paraphernalia
and any horse or horses which may be kept
for military purposes shall be exempt from
all taxation, and all execution, and levy, on
any civil process whatever: Provided, That
this section shall apply only to members OF
volunteer companies, except in cases of ac-
tuaI war, and when the general militia are
ordered to the field, when it shall apply to
them also.
Sec 10. Every non commissioned officer,
musician and private who shall refuse to
appear full armed and equipped on any day
of muster provided for in this act, shall for
every such refusal or neglect pay the sum
of one dollar for each company muster, and
FIVE dollars for each brigade or encampment
muster.
ASSESSMENT OF FINES by COMPANY OFFICERS
| Sec 10. 1t shall be the duty of the com
mander of each volunteer company, together
with the commissioned officers of his com
pany within ten days after each company
muster required by this act, provided such
delinquent in their opinion should be fined.
to make out list of such delinquents, par
ticularly noting the fines therein, assessed
on such members of his company, and for
what cause, a copy of which list shall forth
with be returned to some justice of the peace
within the proper county. Such justice
shall, on receiving such list. forthwith issue
summons against such delinquent named
in such list, naming day, not more than
eight days nor less than three from the date
of said summons, in which the defendant
shall appear at the place named in such sum-
mons, before such justice, and defend, and
in default of an appearance in person, or by
agent, or attorney, and showing of legal
defense, such justice shall render judg-
| nSuL III 4De uaul0 Oh tue 0tdEe, tOr t16 use
of such company for the amount shown by
such list to have been assessed against such
delinquent; and the commandant of the
company shall call the commissioned officers
of his company together within five days
after each company muster, for the purpose
| of assessing the aforesaid fines: Provided,
That all persons feeling themselves ag-
grieved by the decision of such justice shall
have the right to appeal as in other cases;
all such fines to be paid over to the county
treasurer, and to go into the military fund OF
the county.
Sec. 90. That the following shall be the
amount of fines to be imposed upon all gen
eral officers Lieutenant colonies, majors.
captains. lieutenants and non-commissioned
staff officers, for refusing or neglecting to
discharge any of the duties enjoined on them
by the provisions of this act. and for refus-
ing 70 obey any order of their superior Off
GERS. which ine or penalty shall apply to all
commissioned staff officers of the same rank
of other commissioned officers who have
! violated the provisions of this act, shall be
dealt with as other officers fine on any
on-commissioned staff officer to be not less
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