stewards, one quartermaster sergeant, one commissary sergeant, one chief trumpeter, and one color sergeant. Appropriation SECTION 2. That Section 2, of Chapter 19, of the Encampment, Act approved March 10, 1899, entitled "An Act to for. provide for the maintenance and annual encampment of the Militia of the Territory of Oklahoma" of the Session Laws of 1899, be and the same is hereby amended to read as follows: SECTION 2. There is hereby appropriated out of money in the Territorial Treasury not otherwise appropriated, to the Oklahoma National Guard for an encampment of not to exceed six days, for transportation, rations and incidental expenses, the sum of Four Thousand Dollars annually, or so much thereof as may be necessary; Provided, However, That such encampment shall only be held by order af the commander-in-chief; Provided, That the expense of such encampment shall be paid upon warrants issued by the Auditor upon sworn and properly authenticated vouchers, approved by the commander-in-chief; Provided, Further, That the drawing of a warrant upon any fund after the appropriation therefor is exhausted is hereby made a misdemeanor and punishable accordingly. Appropriation SECTION 3. There is hereby appropriated out of Companies, money in the Territorial Treasury not otherwise ap- for. propriated, to each organized company of the Oklahoma National Guard, for armory rent, lights, fuel and stationery, the sum of $10.00 per month, to the regimental adjutant for office rent, lights, fuel and stationery the sum of $5.00 per month; Provided, That such sums shall be paid upon warrants issued by the Auditor upon sworn and properly authenticated vouchers of the commanding officers of the respective companies and by the regimental adjutant approved by the commander-in-chief, and, Provided, Further, Uniforms and That any organized company in time of peace may be increased to one hundred and six men upon orders of the colonel, approved by the commander-in-chief. SECTION 4. Uniforms or equipments in possession When Worn. or under the custody or control of the National Guard or any company, post, detachment or enlisted man thereof shall not be worn while off duty, except by written permission of the officer commanding the company, post, detachment or enlisted man. Uniforms or equipment belonging to or in possession, custody or control of the Oklahoma National Guard worn by enlisted men, except while on duty or going to or returning from drills, and without the written permission of the commanding officer, is hereby declared to be a misdemeanor punishable by fine of not less than $5.00 nor more than $25.00 or by imprisonment for not less than five nor more than fifteen days, or by both such fine and imprisonment. It is hereby made the duty of each company's commanding officer to report any violation of this section to the proper county attorney for prosecution; and any officer whose duty it is to make such report who shall fail so to do is guilty of a misdemeanor and shall upon conviction be punished as is herein provided for the punishment of an enlisted man. Larceny, SECTION 5. Any member of the Oklahoma National Guard, or any person who shall steal, take or carry away, with intent to steal or purloin the same or appropriate the same to his own use or benefit, any equipment, uniform or property issued to or in the possession, custody or control of the National Guard of Oklahoma Territory, or any company, detachment, post or member thereof, or in any armory or at any encampment, and not condemned by a proper board of survey, is punishable by imprisonment in the Territorial prison not exceeding ten years or by a fine not exceeding $5,000.00, or both. Drills. SECTION 6. It is hereby made the duty of each com- Company pany of the National Guard to have regular drill not less than twice each month; any commissioned officer belonging or assigned to a company, who shall fail to attend its regular drills without reasonable excuse to the colonel commanding, shall by the colonel be summarily discharged from the service without honor. Any enlisted man who shall fail to attend said drills without reasonable excuse approved by the commanding officer of his company, or fail to obey the orders of his commanding officer, shall be dishonorably discharged by the the commander-in-chief from the service. Reasonable excuse, as used in this section, is defined to mean only matters of unavoidable casualty, accident or business of urgent import ance. trol, Powers Insurance of SECTION 7. There is hereby created a military Board of Conboard of control, of three members consisting of the and Duties of; colonel of the regiment and the two senior captains. Property. The colonel shall be chairman of such board and one of the said senior captains shall be elected secretary thereof. Such board shall meet at the capitol of the Territory, upon the order of the chairman for the transaction of business. Such board is hereby given the exclusive right and authority to make requisition for and determine the kind, character and amount of uniforms, equipage, arms, ordnance, military stores and munitions of every kind that are given, furnished or supplied by the United States Government under any authority, order or Act of Congress to or for the use of the Oklahoma National guard; and such board shall determine the manner and extent of the distribution thereof among the several companies of such regiment; and such Military Board of Control shall be required to make to the commander-in-chief an annual report showing the receipts and disposition of Adjutant Appropriation all property and military stores coming under their charge under the provisions of this section, and they shall be subject to all the regulations of the Military Code of the Territory, for any failure or neglect in performing the duties prescribed by the provisions of this Act. The adjutant general is hereby authorized to insure all property under his charge. SECTION 8. That Section 20, Chapter 35, of the Session Laws of Oklahoma of 1895, be and the same is hereby amended to read as follows: SECTION 20. The adjutant general, unless otherwise ordered by the commander-in-chief, shall be exofficio quartermaster general, chief of ordnance, paymaster general, and commissary general. He shall receive per annum a salary of Six Hundred Dollars, payable monthly, out of the Territorial Treasury. SECTION 9. That Section 34, Chapter 35, of the Session Laws of Oklahoma of 1895, be and the same is hereby amended so as to read as follows: SECTION 34. The Legislative Assembly is hereby authorized to provide by appropriation, a contingent fund to meet the necessary expenses of the adjutant general's office, and such other expenses as may be necessary, but no indebtedness in excess of such appropriation shall be incurred; Provided, Such fund to be paid on and only upon order of adjutant general, with the approval of the commander-in-chief. The actual and necessary expenses of the several staff officers, other than those of the adjutant general, incurred in the discharge of their official duties, not to exceed One Hundred and Fifty Dollars in any one year, shall be audited by the Territorial Auditor, and warrants drawn therefor on the Territorial Treasury upon accounts approved by the commander-in-chief, and verified as other accounts against the Territory. SECTION 10. That Section 39, Chapter 35, Session Laws of Oklahoma, of 1895, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SECTION 12. This Act shall take effect and be in force from and after its passage and approval. Approved this 8th day of March, 1901. AN ACT to Amend Section 28, of Chapter 51, General Section 3280, of the Be it Enacted by the Legislative Assembly of the Territory of Oklahoma: Rights, SECTION 1. That Section 28, of Chapter 51, General Mortgagees Section 3280, of the Statutes of Oklahoma, of 1893, rogated, is hereby amended so as to read as follows: SECTION 28. Before the property is so taken the officer, on execution, or attachment creditor, must pay or tender to the mortgagee, the amount of the mortgage debt and interest, or must deposit the amount thereof with the county treasurer, payable to the order of the mortgagee. In the event that the attachment or execution levied on such property is defeated or for any reason fails, and the attachment or execution lien is held not good, and such deposit has been made with the county treasurer, the party procuring the issuance and levy of said attachment or execution shall be subrogated to all rights of the mortgagee in and to said property. SECTION 2. This Act shall take effect and be in force from and after its passage and approval. Approved this 6th day of March, 1901. When. |