manner as not to obstruct the passage of travelers on any public highway; and if any person, during the occupation of such ground for such military purpose, enter upon such ground without the permission of the officer commanding or in charge, he may be put and kept under guard by the order of such commander until the rising of the sun of the next succeeding day. He may prohibit and prevent the sale or use of all spirituous liquors, wine, ale, or beer, the holding of huckster or auction sales, and all gambling, within the limits of such encampment or within such limits not exceeding one-half mile therefrom as he may prescribe; and he may abate as a nuisance any such traffic within the prescribed limits.

Cal. Pol. C. 1933.

1463. Interference with militia. Penalty.. Every person who interrupts, molests, or insults, by abusive words or behavior, any officer or private while in the performance of his duty; or who attempts, by means of any threat or violence, to deter or prevent any officer or soldier from performing any lawful duty, or who knowingly resists, by the use of force or violence such member in the performance of his duty, is punishable by a fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year. [C. L. § 4397*.

1464. Id. Arrest. If any person interrupts, molests, or insults, by abusive words or behavior, any officer or private while in the performance of his military duty, he must be immediately put under guard and turned over to the civil authorities for punishment, or kept, at the discretion of the commanding officer of the forces engaged in the performance of such duty, until the rising of the sun of the day succeeding that on which the offense was committed. Cal. Pol. C. 1931.

1465. Military districts. Assembly of troops therein. The commander-in-chief may divide the state into three or four military districts, and may thereafter require that companies, for a period not exceeding eight days each year, assemble in their several districts for field and camp duty and instruction. The governor shall designate the place in each district where said troops shall assemble. ['96, p. 291*.

1466. Drills, absence from. Each company shall assemble for drill at least twice in each calendar month. Any officer, non-commissioned officer, or private, absenting himself from drill without a reasonable excuse, shall receive such punishment as a court martial may legally impose; provided, that companies located outside of cities of the first and of the second class may assemble at such times and places as company commanders may designate, approved by their superior officers; and provided further, that such companies shall drill at least six days and not to exceed twelve days in each year. ['96, p. 290*.

1467. U. S. drill regulations govern. The United States drill regulations shall be exclusively used for drill purposes. ['96, p. 291*.

Use of U. S. regulations, ? 1458.

1468. Senior officer, not staff, shall command. The command of any military force when on parade, or called into service under the provisions of this title, shall devolve upon the senior officer, not staff, of such force present. ['96, p. 288*.

1469.

Who are mounted officers. The following officers and soldiers, and none others, are entitled to be mounted: general officers and staff, and the signal corps, officers of cavalry and artillery, commissioned field and staff of infantry regiments, every enlisted man of cavalry, the sergeants, caisson corporals and buglers of light artillery. ['96, p. 289*.

1470. Military company leaving state. No military company unless called into the service of the United States shall leave the state with arms and equipments without the consent of the commander-in-chief and any company so

offending in this particular may be disbanded by the commander-in-chief. ['96, p. 294.

1471. Colors. Each regiment or separate battalion shall have two colors, the national colors, and the regimental colors, the latter to be blue with the arms of the state embroidered in white silk on the center, having underneath a red scroll with the number and name of the regiment, a yellow fringe and cord and tassels of blue and white silk intermixed. The hospital and ambulance flags and the flags for markers and general guides shall be similar to those used by the United States army. ['96, pp. 294–5*.

1472. Uniform, arms, and equipment. The uniform, arms, and equipments of the national guard shall be identical with those of the regular army of the United States, excepting that the coat of arms of the state shall be substituted for the eagle as in the regulation United States button. Uniforms and equipments issued by the state for militia purposes, shall not be sold or used for other purposes, and shall be exempt from all civil process. ['96, p. 292. Equipment, etc., to conform to U. S. regulations as far as possible, Con. art. 15, sec. 2.

1473. Privilege from arrest. The members of the national guard shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, encampments, and the election of officers, and in going to and returning from the same. ['96, p. 292*.

1474. Exempt from poll tax. Every officer, non-commissioned officer, musician, and private of the national guard of Utah shall be exempt from head or poll tax of every description for the year during any part of which he shall hold a commission as officer or be enrolled as an enlisted man in the national guard of Utah. ['96, p. 292*.

Exemption from poll tax, ? 1750.

1475. Militiaman injured on duty. If any officer or enlisted man is wounded, or otherwise disabled, or is killed, or dies of wounds or other injury received while doing duty in active service of the state, he, his widow, or children shall receive from the state such just and reasonable relief as the legislature may provide. ['96, p. 282.

1476. State auditor to draw warrants. The state auditor is hereby authorized and required to draw warrants on the state treasurer for the purposes and amounts specified in this title on the presentation to him of itemized bills and estimates, verified by affidavit of the claimants, approved by the adjutant general, and audited by the state board of examiners, providing such per diem shall not exceed the amount appropriated by the legislature.

1477. Convicts may manufacture clothing, etc. The board of corrections is authorized to employ such number of convicts as it may deem proper in the manufacture of clothing and equipage for the national guard. Limitation on convict labor, Con. art. 16, sec. 3.

1478. Duty of county attorney. It is hereby made the duty of the county prosecuting attorney of each county of the state wherein any of the offenses punishable by fine or imprisonment mentioned in this title have been committed, or wherein the accused has been arrested, to prosecute such accused person at the expense of the state. ['96, p. 294.

ARMS AND STORES.

1479. Arsenal. Issue of arms, etc. Bond. The governor is hereby authorized to provide an arsenal at the capital for the storage of arms and military supplies. No arms or supplies shall be issued to the national guard, except upon requisition of the officer requiring the same. A good and sufficient bond, in such form as the governor or adjutant general may prescribe, with sureties to be approved by the adjutant general, shall be executed by the officer to whom the issue is made. ['96, p. 293*.

1480. Unlawfully disposing of military property. Penalty. Arms, ordnance stores, quartermaster's stores, camp equipage, and other military property, whether the property of the United States or of this state, for the purposes of this section, shall be deemed the property of the state, and shall be used only in the discharge of military duties. Any member of the national guard who shall embezzle, misapply, dispose of, secrete, remove, or retain in his possession without authority, or who shall wilfully injure or destroy any such property, or shall fail to produce the same or its equivalent when so ordered, shall be deemed guilty of a misdemeanor, and subject to trial by court-martial or by a justice of the peace in any county where the accused may be found; and on conviction thereof, shall be fined in a sum double the value of the property involved, together with the cost of prosecution, and in default of payment thereof, shall be imprisoned not less than one or more than three months in the jail of the county where the offense was committed or where the court is held. Any person not a member of the national guard who shall knowingly and wilfully receive, in pawn or in pledge, or who shall purchase or otherwise acquire, or who shall have in his possession and refuse, upon proper demand, to deliver any such property, shall be deemed guilty of a misdemeanor, and upon conviction by any civil court of competent jurisdiction, shall be fined or imprisoned as hereinbefore provided in the case of a member of the national guard. No exemptions shall be allowed on execution issued for the collection of such fines. So much of the money assessed as the value of such property in either of the cases aforesaid shall be paid to the adjutant general to enable him to replace by purchase the articles of property involved in the prosecution, and the remainder shall be paid into the treasury of the state, and be placed to the credit of the military fund. ['96, pp. 293-4*.

MILITARY COURTS.

1481. Enumeration. The military courts of this state shall be: one, courts of inquiry; two, general courts-martial; and, three, garrison courtsmartial.

1482. Procedure and jurisdiction. The procedure and jurisdiction of military courts shall conform to the rules, regulations, and articles for the government and discipline of the army of the United States, except as otherwise provided in this title or in such regulations as may be promulgated under the authority thereof. General and garrison courts-martial, in time of peace, may impose one or more of the following punishments: reprimand, reduction to the ranks, forfeiture of pay and allowances in whole or in part; and fines permitted by law, regulations, or by regimental, battalion, or company by-laws. General courts-martial may also sentence to dishonorable discharge or dismissal. Garrison courts-martial may, in addition, impose a fine not exceeding twenty-five dollars; and general courts-martial, a fine not exceeding fifty dollars. ['96, pp. 284-5*.

The judgments of courts-martial when acting within their jurisdiction are as valid as those of the civil courts; neither can overrule nor assume

the jurisdiction of the other. Ex parte Bright, 1 U. 145.

1483. Sessions. Proceedings. Sentences. Appeals. Sessions of military courts may be held at any convenient time and place within the discretion of the officer or officers constituting the same. The proceedings of courtsmartial shall be held with open doors, and the accused shall have the right to defend himself by counsel; the examination of witnesses and the arguments shall be either oral or in writing as the court may determine. The proceedings and sentences of such courts shall, from time to time as may be convenient for the prompt disposition of its business, be delivered to the officer ordering the court, or his successor in command, who shall approve or disapprove the same within fifteen days thereafter, and shall notify the delinquent of his approval or disapproval thereof, and from the sentence of any such court imposing a fine or penalty

for any delinquency, the person tried may appeal within ten days after the notifi cation of the fine or penalty, to the officer ordering the court, or to his successor in command, who may remit or mitigate such penalty or fine.

1484. Courts of inquiry. Courts of inquiry, consisting of from one to three officers, may be ordered by the commander-in-chief or by the brigadier general.

1485. General courts-martial. General courts-martial shall be ordered by the commander-in-chief, and shall consist of from three to five officers.

1486. Garrison courts-martial. Garrison courts-martial for the trial of non-commissioned officers and privates, shall consist of from one to three officers. The commanding officer of a regiment, of a battalion not part of a regiment, or of a separate command or independent camp, may appoint a garrison court, or more than one, having jurisdiction over such part of his command as he may designate. The brigade commander may appoint garrison courts within such companies as are under his direct command. A garrison court shall sit during the pleasure of the officer convening it. It shall be the duty of the commanding officer of every company, battalion, or regiment to make return to the garrison court, having jurisdiction, of all delinquents therein; whereupon such delinquents must be forthwith summoned to appear before the court at a time and place specified in the summons. The summons may be served by any person designated by the president of the court.

1487. How fines are collected. For the purpose of collecting fines imposed by courts-martial, the president of the court shall, within twenty days after the proceedings of the court have been approved, make a list of all the persons fined, describing them distinctly and showing the sums imposed upon each person, and not paid. He shall then draw his official warrant directed to the sheriff of the county, or constable of the precinct, commanding him to levy such fines, together with the costs, out of the goods and chattels of the delinquent, sale thereof to be made as provided by law. No property shall be exempt from the payment of such fines and penalties. In default of sufficient goods and chattels to satisfy the same, such sheriff or constable shall take the body of such delinquent and confine him in the county jail, and the jailer shall keep such delinquent closely confined without bail, for two days for any fine or penalty not exceeding five dollars, and one additional day for each dollar above that sum, unless such fine with the costs is sooner paid; but no such imprisonment shall extend beyond ten days, and the officer ordering the court may remit such fines and penalties. All fines shall be paid over to the captain or treasurer of the company to which the delinquent belongs for the military fund of the company; or, if he belong to the staff, to the state treasurer for the credit of the military fund.

N. Dak. (1895) ? 1408.

1488. Witnesses. The president of every military court may issue subpoenas for witnesses for the prosecution or defense; and shall have the power to administer the usual oath to witnesses and the same power to compel attending witnesses to be sworn and testify, and to preserve order, as courts of common law jurisdiction; and all sheriffs, jailers, and constables are hereby required to execute any precept or process issued by such president of the court for that purpose. ['96, p. 285.

1489. Id. Contempt. Penalty. Every witness not appearing in obedience to such subpoena when duly served and not having a sufficient and reasonable excuse, shall forfeit to the state a sum not less than ten nor more than fifty dollars for each default, and the president of such court shall from time to time report to the county attorney the names of such delinquent witnesses, together with the names and places of residence of the persons serving such subpoena, the better to enable him to prosecute them for such forfeiture. ['96, p. 285.

1490. Confinement of military prisoners. The keepers of all county jails are required to receive and confine all military offenders when delivered by any sheriff or constable in conformity with this title. ['96, p. 284*.

RIOTS AND INSURRECTIONS.

1491. Calling out national guard by commander-in-chief. The commander-in-chief shall have power in case of insurrection, invasion, or breaches of the peace, or imminent danger thereof, to order into the active service of the state any or all of the national guard of the state that he may deem necessary, and no member thereof, who shall be ordered out by proper authority for such duty shall be held answerable by any court, nor liable to civil prosecution, for any acts done by him in the discharge of his lawful military duty on such occasion.

N. Y. M. C. 160.

When governor may call out militia, Con. art. 7, sec. 4.

Martial and military law are not the same. The former depends largely upon the discretion of the

chieftain who proclaims it; the latter is as clearly
defined as is any system of statute, common, or civil
law. The former may apply both to soldiers and
citizens; the latter applies only to the army. Ex
parte Bright, 1 U. 145.*

1492. Id. By sheriffs and mayors. In case of any breach of the peace, tumult, riot, or resistance to process of this state, or imminent danger thereof, any sheriff of any county, or the mayor of any city, may call for aid upon the commanding officer of the national guard stationed therein or adjacent thereto. The commanding officer upon whom the call is made shall order out, in aid of the civil authorities, the military force or any part thereof under his command, and shall immediately report what he has done, and all circumstances of the case, to the commander-in-chief.

N. Y. M. C. 162.

1493. Calling out militia in case of war, etc. In case of war, insurrection, invasion, or imminent danger thereof, or any forcible obstruction to the execution of the laws, or reasonable apprehension thereof, the governor, if he deems the organized national guard insufficient to defend the state or to aid the civil authorities to enforce the laws, may, in his discretion, either call for volunteer recruits to temporarily fill companies of the national guard to the maximum strength, or authorize the temporary organization of volunteer companies; or he may draft as many of the enrolled militia, as he may deem expedient, under regulations to be promulgated by him; such temporary troops shall be discharged when directed by the commander-in-chief, or as soon as the emergency for which they were required has passed, and, while in such service, they shall be subject to the same discipline and penalties, and receive the same pay as the regular national guard.

N. Y. M. C. 2 163.

1494. Failure to appear when called out. Penalty. Every member of the enrolled militia ordered out, or who volunteers, or is drafted under the provisions of this title, who does not appear at the time and place designated, or who does not produce from a physician in good standing a sworn certificate of physical disability to so appear, or who does not produce an able-bodied and acceptable substitute at such time and place, and every member of the national guard who shall wilfully fail to respond to a call from the commander-in-chief, shall be taken to be a deserter, and shall be dealt with as prescribed in the articles of war of the United States.

N. Y. M. C. 164.