general, with his staff, consisting of one aid, one inspector, one paymaster, and one quartermaster, each with the rank of captain, to be appointed by the brigadier-general. To every regiment shall be one colonel, one lieutenant-colonel, and one major, to be chosen by the members of the regiment; and the colonel's staff shall consist of one adjutant, one quartermaster, one assistant quartermaster, one surgeon, one assistant surgeon, one sergeant-major, and two musicians, to be appointed by the colonel. There shall be to every company, one captain, one first, and one second lieutenant, one orderly sergeant, four sergeants, and four corporals, and the captain shall appoint two musicians.

Staff of com

1782. SEC. 2: The staff of the commander-in-chief shall consist of one adjutant-general, the inspector-general, mander-in-chief. one judge advocate general, and two or more aids, as exigencies may require, who shall rank as colonels.

ARTICLE VI. MILITARY FUND-COMPENSATION.

Military poll

assessed and

collected.

1783. SECTION I. For the purpose of carrying into effect the provisions of this chapter, and for creating a state tax military fund, an annual poll-tax of fifty cents shall be and is hereby levied upon each male inhabitant of the state, of the age of twenty-one years and upward, to be known as the military poll-tax, which shall be assessed and collected in the same manner and at the same time as is now or may be prescribed by law for the assessment and collection of state poll-taxes.

Duties of county

relation to mili

1784. SEC. 2. It shall be the duty of every county treasurer in this state to provide suitable books, in which treasurers in shall be entered an account of all fines and penalties, and tary fund. all taxes collected in pursuance of this chapter. He shall also enter in said book an account of all money paid out of said fund and for what purpose.

payment of

1785. SEC. 3. The fund so created shall be applied Application and exclusively for military purposes, for the benefit of the military fund. militia, and for fitting out and paying the expenses of state defense, and no money shall be paid by the county treasurer from such fund but upon the joint order of the senior officer of each regiment in said county, or if there is no regimental organization in such county, then upon the joint

Disposition of

fund.

order of the senior officer of each company, countersigned by the brigadier-general commanding the brigade district, and if there be none of the above-named, then by the chairman of the board of commissioners of said county, or upon order of the military board.

1786. SEC. 4. It shall be the duty of the county treasCounty military urer in the several counties to preserve the county military fund, as provided by this chapter, a separate fund, and after paying the company and regimental expenses of the county, as hereinbefore provided, to transmit the balance annually to the treasurer of the state, along with the state taxes, and the state treasurer shall keep the same as a state military fund, to be at the disposal of the military board or officers, as provided in section three of this article.

Fees of county

treasurers.

Compensation of

1787. SEC. 5. The treasurer of any county to whom any fine shall be paid, may retain therefrom five per cent. as his fees, for the receipt and custody thereof, and from all taxes two per cent.

1788. SEC. 6. The adjutant-general shall be entitled adjutant general. to receive annually, as compensation for his services, the sum of five hundred dollars, to be paid out of the state treasury, until a sufficient sum has accrued to the military fund, when the military board may direct his salary to be paid out of such fund.

Pay of officers and privates when in active service.

1789. SEC. 7. Each officer and private of every company called into active service, to repel invasion or surpress Indian depredations, shall receive one dollar and a half per day out of the military fund, and when serving under the sheriff of a county, or mayor of any city, two dollars per day, or night, to be paid out of the county or city treasury, as the case may be.

Care and pro

ed and disabled.

1790. SECTION 1. Every person who, whilst in the vision of wound-actual service of the state, shall be wounded or disabled in opposing or suppressing any riot or invasion, or in any Indian expedition, shall be taken care of and provided for at the expense of the state; and the commanding officer of any portion of the militia in the field, may provide suitable hospital and medical provisions, when the military board has not provided the same.

tary service and

1791. SEC. 2. The military board shall audit all claims Claims for milfor military service and expenditures, under the provisions expenditures. of this chapter, except the per diem of officers and privates of the uniformed militia, as provided in article sixth, and may direct their payment out of the state military fund, and may call upon the county treasurer to pay over the county fund to the treasurer of the state, whenever the exigencies may demand. No charge shall be allowed, or pay received, for any commissions issued under the provisions of this chapter.

1792. SEC. 3. The following persons are exempt from Who exempt

enrollment under this chapter, to wit: The executive and from enrollment. judicial officers of this state, lunatics, idiots, sheriffs, constables, clerks of courts, justices of the peace, and all United States officers.

Rules for gov

inilitia; uniform

1793. SEC. 4. If any person shall molest any officer or private when on duty, the commanding officer may require ernment of such person to be put under guard during the time of such parade; and the act of congress commonly called articles of war, embraced in an act for establishing rules and articles for the government of the armies of the United States, is made a part of this chapter, so far as its provisions can be made applicable to the service of this state, and not inconsistent with this chapter. The uniform of all companies of the uniformed militia shall be such as the companies themselves may select, and such companies are authorized to establish such by-laws, for the government of such companies as they deem advisable, not inconsistent with this chapter or the laws of congress.

Appropriations

cities and town

and equipment

companies.

1794. SEC. 5. The corporate authorities of any town or city, or board of county commissioners of any county in by counties, this state, are hereby authorized to appropriate such sum as for formation they may deem expedient for the purpose of aiding in the of volunteer formation and equipment of volunteer companies mustered into the service of this state, for the purpose of enforcing the laws, suppressing insurrection, repelling hostile invasion or the prevention of Indian depredations.

1795. SEC. 6. For the purpose of raising the means to pay any appropriation pursuant to the foregoing section, the corporate, authorities of any town or city, or board of

tion of tax by

counties, cities

and towns, for payment of aforesaid appropriation.

Levy and collec- county commissioners of any county, making such appropriation, may cause a tax to be levied and collected, not exceeding two per cent. on the dollar per annum, upon the taxable property of such town, city or county, according to the total valuation or assessment of property, in any such town, city or county. Any appropriations heretofore made by the authorities of any town, city or county, for the purpose mentioned in the preceding section are hereby legalized, and the payment thereof may be provided for by the levy and collection of a tax, not exceeding two per cent. on the dollar per annum, as other city or county taxes.

Denomination of such fund.

1796. SEC. 7. All funds or money which shall be raised or appropriated under the two foregoing sections, shall be kept separate and apart, and be denominated the military fund.

The term claim

acquired under

miners' law not

to be impaired.

1797.

CHAPTER LXVI.

MINES AND MINING CLAIMS.

[Revised Statutes, Chapter LXII.]

SECTION 1. The term claim, as used in the mindefined; rights ing portions of this state, when applied to a lode, shall be construed to mean one hundred feet of the length of such lode, surface measurement, of the entire width of such lode or crevice; provided, that in any case where the regulations of any mining district have heretofore defined the term claim to mean other than as above defined, nothing in this chapter shall be so construed as to impair the rights of any person or persons holding claims under such regulations as may have been heretofore established by the people of the district in which such claim or claims are situated.

Right of way for

into mines

1798. SEC. 2. Whenever any person or persons are bringing water engaged in bringing water into any portion of the mines, they shall have the right of way secured to them, and may pass over any claim, road, ditch, or other structure; provided, the water be guarded so as not to interfere with prior rights.

1799. SEC. 3. No person shall have the right to mine

buildings or improvements of others.

under any building or other improvement, unless he shall Mining under first secure the parties owning the same against all damages, except by priority of right.

Record of loca

claims.

1800. SEC. 4. If any person or persons shall locate a tunnel claim, for the purpose of discovery, he shall record tion of tunnel the same, specifying the place of commencement and termination thereof, with the names of the parties interested therein.

way

from said

Tunnel claims

way through

lodes.

1801. SEC. 5. Any person or persons engaged in working a tunnel, within the provisions of this chapter, shall be defined; right of entitled to two hundred and fifty feeet each tunnel, on each lode so discovered; provided, they do not interfere with any vested rights. If it shall appear that claims have been staked off and recorded prior to the record of said tunnel, on the line thereof, so that the required number of feet cannot be taken near said tunnel, they may be taken upon any part thereof where the same may be found vacant; and persons working said tunnel shall have the right of way through all lodes which may lie in its

course.

Rights of claimants where lodes

1802. SEC. 6. When it shall appear that one lode crosses, runs into, or unites with any other lode, the prior- unite or cross. ity of record shall determine the rights of claimants; provided, that in no case where it appears that two lodes have crossed one another, shall the priority of record give any person the privilege of turning off from the crevice or lode which continues in the same direction of the main lode upon which he or they may have recorded their claim or claims, but such person or persons shall, at all times, follow the crevice running nearest in the general direction of the main lode upon which he or they may have recorded their claim or claims

In case of two

one and the same lode.

1803. SEC. 7. Where two crevices are discovered at a distance from each other, and known by different names, crevices being and it shall appear that the two are one and the same lode, the persons having recorded on the first discovered lode shall be the legal owners.

Responsibility

1804. SEC. 8. In no case shall any person or persons be allowed to flood the property of another person with for damages water, or wash down the tailings of his or their sluice upon

done by water.