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Officer, disregard of order, etc., penalty.

desertion.

of suitable age and discretion, to whom the contents of such notice shall be explained, or shall be mailed to him direct at his last known post office address. If any officer receiving such order shall fail to give such notice as required thereby or by law, or shall fail to appear at the time and place so ordered prepared for duty, he shall be punished by dismissal Enlisted man, or by fine or imprisonment or both, as a court martial may direct, and if any enlisted man, after being duly notified shall refuse or neglect to appear at the time and place for rendezvous properly prepared for duty, or shall fail to obey any order issued in such case, he shall be deemed to be a deserter, and be punished by a fine of not less than fifty dollars and not more than three hundred dollars; and any person who advises or endeavors to persuade an officer or soldier to refuse or neglect to appear at such place or to obey such order, shall be punished by imprisonment not exceeding six months or by a fine not exceeding one thousand dollars, or both; but physical incapacity to perform military duty, dangerous sickness in the family of any such officer or enlisted man, absence at the time such notice was served, when such absence was not intended to avoid such notice or service, and when he shall join for duty on his return, if his command is still in actual service, shall excuse such default.

Unlawful

persuasion.

Excuse for default.

Commanding

officer subject of sheriff, etc

to direction

Arms,

ammunition.

Commanding officer, neglect or

or

SEC. 41. Whenever the Michigan national guard or any portion thereof shall be ordered into actual service under the provisions of the preceding section, the commanding officer shall be subject to the general direction of the sheriff or other civil officer who shall require his aid; but in the execution of movements and the means to be employed to accomplish the purpose for which said military force shall be called into service, the same shall be under the orders of the commander in chief and the military officers immediately in command thereof. It shall be the duty of the commanding officer in all cases when so called into service to provide each of the men of his command so ordered out with at least twenty rounds of ball cartridge, and arms in complete order for actual service.

SEC. 42. Every commanding officer shall be subject, as hereinafter provided, to the public officer who shall require hindrance by his aid, and for neglecting or refusing to carry into effect the orders of such public officers, or for interfering or in any way hindering or preventing the men of his command from performing such duty, or in any manner by neglect or delay preventing the due execution of law, every such commanding officer and every commissioned officer under his command so offending shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, and in addition thereto such officer shall be tried by a court martial, and if found guilty shall be dismissed the service; and any enlisted man. enlisted man who shall neglect or refuse to obey the order

Fine and court martial.

In case of

of his commanding officer in the case herein provided shall be liable to a fine of not more than one hundred dollars.

military.

SEC. 43. Whenever it shall be necessary for any or all of Transportathe officers or men of the militia to travel upon any railroad tont of this State, whether steam, electric or otherwise, or any passenger steamboat line, such railroad or railroads or such Rates. passenger steamboat line shall furnish transportation at the rate of one cent per mile for the whole distance to be traveled for each officer or enlisted man so carried, and all station or ticket agents or conductors shall sell first- First class. class tickets or furnish first-class passage at the rate named, upon being notified that such officer or officers or enlisted

men are traveling upon military duty. Such notification may Notification. be by telegraph or by filing a copy of the order with such station or ticket agent or conductor, or upon presentation of

a requisition for military transportation. Whenever it shall Stores, be necessary to transport the stores, materials, camp equipage, materials, etc. horses or arms belonging or pertaining to the military establishment of this State or any portion thereof, the railroad or railroads or steamboat line of this State over which the Rate same may be transported shall charge not to exceed one-half charged. the rate charged for the same class of goods to other shippers.

certain

SEC. 44. Officers accountable for military property or Bonds, moneys shall give bonds in such sum and with such surety officers to or sureties as shall be required by the State Military Board, give. for the care and safekeeping of all military property and the proper disbursement of moneys which may at any time be under their charge and control, and to account for the same, which bonds shall be approved by the State Military Board.

Upon the giving of such bonds and their approval as afore- Pay from date said, company commanders, adjutants and quartermasters of bond. shall be entitled to pay from the date of said bond, at the rate of one hundred dollars each per annum, payable by the quartermaster general. The adjutant general of each brigade Pay of shall receive for his services as such the sum of one hundred adjutant fifty dollars per year, payable yearly by the quartermaster general.

general.

officers and

SEC. 45. All officers and enlisted men shall receive for each Per diem of day actually spent by them on duty in the encampments au- men for camp thorized by this act, on actual or active service, or on any duty. duty under orders of the Governor, who is authorized to determine when to place said officers or enlisted men on duty, and for the time necessarily spent by them in traveling from their homes to the place of rendezvous and in returning to their homes, the following compensation, together with the necessary transportation, to-wit: To each enlisted man be- Amount of. low the rank of corporal, one dollar and twenty-five cents per day; to each corporal, one dollar and thirty-five cents. per day; to each non-commissioned officer above the rank of corporal and below the rank of first sergeant, and to each cook, one dollar and forty-five cents per day; to first sergeants

Second enlistment.

U. S. rules.

and all non-commissioned officers above the grade of first sergeant and below regimental sergeant major, one dollar and fifty-five cents per day; and to regimental sergeants major, one dollar and sixty-five cents per day. Each enlisted man shall receive during his second enlistment and for each subsequent enlistment, if his service is continuous, ten per cent for each enlistment in addition to the above mentioned sums, but not more than four re-enlistments shall be counted in computing continuous service pay; and to each enlisted man, subsistence, the cost of the same not to exceed seventy cents per day, the difference between the cost of rations and seventy cents per day to be paid in money to said enlisted men at the time of the payment for such service. Conformity to To all officers, except officers of the various departments, on permanent duty, the pay and allowances including travel allowances, as fixed by law or regulations for officers of the army of the same rank in the service of the United States, together with the necessary expense of horses for the mounted officers; and in determining the pay the same rules as to increased pay on account of length of service shall obtain as are now prescribed by law or regulations for officers in the army of the United States; to the officers of the various departments on permanent duty, the salary of their office and the necessary expenses herein before provided, except when on duty outside of the State or at one of the encampments, or upon special duty when expressly ordered by the Governor, then to be the pay and allowances of their grade as above provided for other officers; to the Governor's staff, their actual and necessary expenses when on duty away from their home station, and when ordered to an encampment or other purely military duty, then to be the pay and allowances of their Proviso, pay in grade as above provided for other officers: Provided, That lieu of salary. in case of all officers who under this act are paid an annual salary of more than one hundred dollars, the pay of their grade shall be in lieu of such annual salary during the time for which it is paid: Provided further, Members of the State Military Board shall each receive an annual salary of five state military hundred dollars, unless already in receipt of a salary here

Further

proviso,

salary of

board.

Further

proviso,

equipment allowance.

Further proviso, forfeit for

tofore determined: Provided further, That hereafter each officer, upon his first appointment as an officer, shall be paid the sum of fifty dollars as an equipment allowance under such regulations as may be provided: Provided further, That any officer or enlisted man guilty of drunkenness at any annual drunkenness. encampment or on the way to or from such encampment, shall forfeit all pay for that entire tour of camp duty, and it shall be the duty of the officer charged with making the pay rolls to note the fact of intoxication or drunkenness against the name of the person guilty thereof.

Per diem of officers and

men in case of riot, etc.

SEC. 46. All officers and enlisted men shall receive for their service for each day actually spent by them on duty in case of riot, tumult, breach of the peace, resistance of process,

etc., how

allowed.

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 command 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

permanent dis

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. 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.

for service,

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.

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