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etc., how

or whenever legally called upon in aid of the civil authorities, and for the time actually spent by them in traveling from their homes to the place of rendezvous and in returning to their homes, the compensation provided by section forty-five of this act. Such compensation, subsistence and Compensation, allowances and cost of transportation and the cost of all audited and ammunition used or purchased for use by any officer in com- allowed. mand of the national guard so called out, shall be audited and allowed by the Auditor General when detailed bills are presented, properly certified by the commanding officer of such troops and approved by the Quartermaster General. The Auditor General shall, upon auditing and allowing such Warrant, accounts, draw his warrant therefor upon the State Treas urer, who is hereby authorized and required to pay the same, and any such sums so audited and paid are hereby appropriated out of the moneys in the general fund not otherwise appropriated. The Auditor General shall charge all Moneys, such moneys so drawn to the county or counties in which charged. such service is rendered, to be collected and returned to the general fund in the same manner as any other county indebtedness to the State is required by law to be collected and returned to the general fund.

how drawn.

where

disabled

SEC. 47. In case any officer or enlisted man shall be Wounded or wounded or disabled while in service in case of riot, tumult, provided for. breach of the peace, resistance of process, or whenever called in aid of the civil authorities, he shall be taken care of and provided for during such disability at the expense of the county where such service shall have been rendered; and in Death or case of death or permanent disability in consequence of such ability. service, he or his widow and children or next of kin shall receive such relief as the Board of State Auditors shall determine to be just and reasonable, payable out of the moneys in the general fund of the State not otherwise appropriated.

permanent dis

for service,

SEC. 48. Payments for service shall be made as soon as Payments practicable. Payments on company pay rolls may be made how made. to company commanders; on other pay rolls to the quartermaster of such organization.

SEC. 49. There shall be paid to each and every officer and Pay for enlisted man for attendance and performance of duty regular drills. at regular drills, not to exceed forty drills in any one year, said drills not to be of less than one and one-half hours actual

duration, the following sums, viz.-All below the rank of Amounts. corporal twenty cents, corporals twenty-five cents, sergeants thirty cents and all enlisted men above the rank of sergeant forty cents, second lieutenant seventy-five cents, first lieutenant one dollar, captains one dollar and twenty-five cents, majors one dollar and fifty cents, but no pay shall be paid to any commissioned officer for drills, unless the military board shall first determine that the condition of the military. fund will permit of the same being paid; and to each en Marksman. listed man qualifying as a marksman shall be paid the addi- sharpshooter,

rifleman.

payable.

Proviso, absentees, forfeit.

tional sum of ten per cent, to each sharpshooter fifteen per cent and to each expert rifleman twenty per cent of the pay due his rank for attendance at regular drills for the year When due and succeeding that in which said qualifications were made. Said amounts shall be due and payable semi-annually on April thirtieth and October thirty-first each year, and shall be allowed and paid out of the funds annually provided for the support of the organized militia: Provided, That any officer or soldier absenting himself without a reasonable and satisfactory excuse from any regular drill, special drill, inspection, parade or target practice, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and the same shall be noted on the pay roll and deducted from his pay: Provided further, That any officer or soldier dishonorably discharged shall forfeit all pay and allowances provided by this act: Provided further, That no sum shall be allowed, except for actual presence and duty performed at any of the aforesaid regular drills.

Further proviso.

Further proviso.

Pay withheld pending inspection.

Loan of uniforms, equipment,

etc.

SEC. 50. No pay provided for in this act shall be paid to any soldier, until after an inspection is had of all military property for which such soldier is responsible, and the value of any shortage, damage or unnecessarily injured property may be deducted from the amount due such soldier before the sum is paid.

SEC. 51. The Quartermaster General shall deliver from the military property in his charge, as a loan to the proper officers of the Michigan national guard, uniforms, arms and equipments, camp equipage and such other military property as may be necessary; and, in case of the discharge or death on discharge, of such officer, he or his legal representatives shall be released

Release of,

etc.

Application

of commander for uniforms, etc.

Armory rental.

Proviso,

increase of allowance.

from such responsibility, upon filing in the office of the Quartermaster General a bond with sufficient sureties or the certificate of the officer succeeding him, that the articles so furnished are at the date of the certificate in good order and condition, reasonable use and wear thereof excepted. The Quartermaster General, on the written application of the commander of a company of the Michigan national guard duly organized, shall furnish suitable uniforms, arms and equipments at the expense of the State, and to each company not occupying an armory furnished by the State, stationed in cities having two hundred fifty thousand inhabitants or more, a sum not to exceed one thousand dollars a year for armory rental, and to each company stationed outside of such cities, a sum of not to exceed five hundred dollars a year for armory rental: Provided, That the State Military Board may increase the amount allowed to each of the companies of the class last named, if it deem it necessary, not to exceed six hundred dollars to a company of infantry, not to exceed one thousand dollars to a troop of cavalry and not to exceed two thousand dollars to a battery of field artillery.

Whenever any articles are furnished as aforesaid to any of the Michigan national guard, the same shall be deposited and kept in such armory.

SEC. 52. All commissioned officers shall provide themselves Uniform and with such uniforms and equipments as may be required by equipment. regulations or orders. Every enlisted man shall be furnished

with such uniform and equipment as is prescribed by regulation or orders.

from arrest.

process.

SEC. 53. All officers and enlisted men who may be in the Privilege actual service of this State or of the United States, in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest and imprisonment during the time of such actual service, and for a period of six months after such service shall cease, and their separate property shall Exempt from during the same period be exempt from all process by way of execution, levy, seizement or attachment for debts contracted prior to or during such service: Provided, however, Proviso, That the time during which any such person shall be in such computed. actual service shall not be computed in the limitation for the bringing of any action or the proceeding provided by the general laws of this State.

time

tried for

SEC. 54. The officers, soldiers and civilian employes with soldiers, who troops in field, garrison, camp or in the armories at the home deemed, how station, or under orders from the commander of the organiza- offenses. tion, shall be taken to be soldiers and subject to be tried by courts martial for all offenses prescribed in the laws of the United States for the government of the armies of the United States and amendments thereto, known as "Articles of War," and for all offenses prescribed by this act and the State regulations.

to consist.

SEC. 55. The military courts of this State shall consist of Military general courts martial, regimental courts martial, garrison courts, of what courts, summary courts and courts of inquiry and such other boards or courts as are provided for by law or regulations of the United States army. They shall respectively have Cognizance. cognizance of the same subjects and possess like powers and be organized and governed by the same procedure as similar courts provided for in the United States army, subject to such modifications and changes as may be prescribed by State regulations.

attendance.

SEC. 56. The judge advocate of any court martial, or sum- Subpoenas mary court officer in summary courts, may issue subpoenas to compel to compel the attendance of witnesses before such courts, and may compel the production of books, records and papers before it and may cause to be detailed an enlisted man to act Process as process server, who shall be vested with the powers of server. constable in relation thereto, and have power to arrest the accused and compel his attendance. Any person refusing or Penalty for neglecting to obey the mandate of said court, either by refus- neglect to ing or neglecting to attend or in refusing to give testimony of court. in said court, shall forfeit the sum of not exceeding fifty

obey order

Action for forfeit and costs.

Collecting of fines or forfeitures.

Intentional injury to uniforms or equipment.

Embezzlement, what deemed

Fines and penalties,

where paid.

dollars, to be imposed by said court for each offense, and any respondent who has been duly ordered or cited to appear before said court and refuses or neglects so to do, shall forfeit a sum to be imposed by said court not in excess of one hundred dollars. Said sum so forfeited and costs of suit brought may be recovered in an action of assumpsit before any court of competent jurisdiction, upon the complaint of the judge advocate or summary court officer as plaintiff, as the case may be, and when collected shall be paid into the State military fund. The record of the court imposing said fine shall be prima facie evidence of said debt in any actions thereon.

SEC. 57. All fines and penalties or forfeitures of moneys due by reason of sentence imposed or declared under this act, shall be noted upon any and all pay rolls and be deducted therefrom until the same are collected; or upon complaint being made to the prosecuting attorney of the county where any offense provided by this act was committed or fine or penalty incurred, it shall be his duty to prosecute the offender or delinquent by the appropriate criminal or civil proceedings. For the purpose of collecting any fines, penalties, forfeitures or money sentences imposed either by the military tribunals or by the courts of this State, all benefits by way of exemption, either in the general laws or the garnishment laws of this State, are unavailable, until the fines, penalties, forfeitures or money sentences imposed under any section of this act are realized.

SEC. 58. Any person who shall wantonly or intentionally injure or destroy any uniform or equipment or other military property, and refuse to make good such injury or loss, or who shall sell, dispose of, remove or secrete such uniform or equipment or property, or shall refuse to deliver the same to any officer entitled thereto, or who uses or wears, except in the performance of military duty or by special permission of his commanding officer, any such uniform or military property, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not to exceed one hundred dollars or imprisoned in the county jail not to exceed three months, or both such fine and imprisonment in the discretion of the court.

SEC. 59. Any officer or soldier who shall refuse to account for and to surrender up any moneys or any uniforms or equipment or other military property which may come into his possession, or who shall appropriate the same to his own use, or who shall knowingly make a false pay roll or sign a false certificate which is the basis for the payment of moneys under this act, or who shall aid or abet another in any of said acts, shall be guilty of embezzlement and punished as the criminal laws of the State may direct.

SEC. 60. All penalties and forfeitures provided for by this act, or fines imposed by a military court, shall revert to and be paid into the military fund.

construction

SEC. 61. Armories may be constructed and equipped by Armories, the State, for the use of the permanent organized militia of and equipthe State, as hereinafter provided. To provide a fund for this ment of. purpose there shall be appropriated for the fiscal year ending June thirty, nineteen hundred ten, the sum of thirty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred eleven, the sum of thirty thousand dollars. The amounts raised under the provisions of this section for building armories shall be paid into the State treasury and carried in a fund to be known as the armory building fund. This money shall be paid out by the Treasurer upon the warrant of the State Military Board, approved by the Governor in the same manner as funds are paid out of the military fund upon the warrant of the military board, and it shall be paid out only for the purpose of erecting and equipping armories, as hereinafter provided.

armories.

SEC. 62. The military board shall have general supervision Military of the preparing of plans and specifications for armories, of board, duty of letting contracts for the erection, furnishing and equipping building the same, and of providing for the inspection of the erection thereof. All expenses connected therewith shall be a charge on, and be payable out of the armory building fund. The State Military Board shall have power to accept land for sites for armories, said sites to be without cost to the State of Michigan, and take title thereto in the name of the State of Michigan, and shall bring necessary action for the purpose of condemning land for armory building sites. The military board shall have power to procure title to property and cause examination thereof to be made, and to condemn property for the purpose of using same for armories erected under this act. When it is necessary to condemn lands for the purpose of this act, the military board shall have power to cause proceedings therefor to be instituted by the State of Michigan for the purpose of obtaining such land, and said proceedings shall be started, maintained and terminated in the same manner as is now provided by law when it becomes necessary for the State of Michigan to condemn property for public purposes, and it is hereby declared that the use of lands for armory building sites is a necessary public purpose: Pro- Proviso, as to vided, That such proceedings shall be instituted only when con the amount to be paid upon the verdict of the jury in the site. proceeding shall have been deposited with or adequately guaranteed to the State Military Board. When the State Preparation of Military Board deems it advisable to erect an armory for plans and any of the organizations of the national guard, it shall cause plans, specifications and estimates to be prepared for an armory at the place it has so directed, and when the same shall have been prepared and approved by the Governor it shall proceed to erect said armory as hereinafter directed in

this act.

of lands for

specifications.

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