Slike strani
PDF
ePub

L. 1866, C. 54. § 3: Feb. i. Tr.

Freight to be accounted for as re

damaged, on proof being produced that the property was so
lost or destroyed: Provided, That whenever any freighter or
freighters or their agents shall receive freight to be carried
from and to any place, if they receive the same minutely and ceived.
with a full knowledge of the class of each article, they shall in
the same manner deliver the same, but should they only re-
ceive the bales, boxes or bundles, so they shall deliver them,
and they shall only be held responsible for the number of the
boxes and bundles they shall have received, and their weight,
the order in which they were received, with mark and weight
of each bale, box or bundle, should they be so marked.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Organization of

militia.

$ 2249. The organized militia in time of peace shall consist of one regiment of infantry of three battalions of four companies each, organized, and one battalion of cavalry of four troops, when organized; one Gatling gun section to be composed of one first lieutenant, one sergeant, two corporals and seven privates; bands for each battalion of infantry and cavalry, consisting of not to exceed one chief musician, two principal musicians and seventeen privates; there shall also be a territorial armorer with the rank of quartermaster sergeant. March 17.

C. 50, L. 97. § 1:

C. 50. L. 97. § 2: March 17.

National Guard of
New Mexico.

§ 2250. The volunteer militia shall be styled, The National Guard of New Mexico, and shall consist of persons To be known as liable to perform military duty as now provided by law, and such persons, who, being under legal age, shall obtain the written consent of their parents or guardians and voluntarily enlist therein with the consent of the organization to which they desire admission.

Regimental or ganization.

Id. § 3.

Uniform same as army of United

missioned by gov

ernor.

2251.

The regiment of infantry when organized shall have one colonel and one lieutenant colonel. Each of the battalions of organized militia shall have the following officers: One major, one surgeon with rank of captain, one chaplain with rank of captain, one adjutant with rank of first lieutenant, one quartermaster and commissary with rank of first lieutenant. Each company of infantry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, four sergeants and four corporals, two musicians, and two artificers and the total number of men enlisted in each company shall not be less than thirty-three nor more than sixty. Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, five sergeants and four corporals, two trumpeters, two artificers, and one farrier; the total number of enlisted men in each troop shall not be less than thirty-three nor more than sixty.

§ 2252. The national guard of New Mexico when on duty States; officers.com shall wear the uniform of, and be equipped in the same manner as the army of the United States. All commissioned officers to be appointed and commissioned by the governor and commander-in-chief and to hold their commissions at the pleasure of the governor and commander-in-chief for the time being.

Id. § 4.

Governor commander-in-chief: adjutant general.

Id. $5.

Company organization.

Id. § 6.

Governor may or ganize company.

Id. § 7.

Company may adopt constitution and by-laws,

§ 2253. The governor shall be the commander-in-chief and shall appoint one adjutant general with the rank of colonel, who shall be chief of staff, and aides-de-camp not to exceed six, with the rank of colonel, who shall hold their respective offices during the pleasure of the governor.

§ 2254. Whenever thirty-six or more men shall associate themselves together for the purpose of forming a company of infantry or troop of cavalry of the national guard of New Mexico, they may apply to the governor and commander-inchief, through the adjutant general, to be organized as such, and shall designate the persons for commissioned officers.

2255. On receiving such application the governor and commander-in-chief may so organize such company of infantry or troop of cavalry and commission the officers, such company of infantry or troop of cavalry may be entitled to have: Provided, The number of companies and troops then organized and existing, shall not equal the limitations prescribed in section two thousand two hundred and forty-nine. $ 2256. Any company of infantry, troop of cavalry or Gatling gun squad may adopt such constitution and by-laws for its government and discipline, not inconsistent with this act, as a majority of the members of such organization shall deem proper, which constitution and by-laws shall be in effect upon the approval thereof by the governor and commander-in-chief.

C. 50. L. 97. § 8: March 17.

Four-fifths of the members of a company of infantry, troop of cavalry, or Gatling gun squad present at a regular meeting may recommend a dishonorable discharge from the service of any member of such organization for offenses against such constitution and by-laws, and such recommendation, properly certified to by the presiding officer of such meeting, shall be sufficient cause for the governor and commander-in-chief to discharge such member from the service; and all sentences and fines imposed in pursuance of such constitution and bylaws shall be enforced and collected as hereinafter provided. § 2257. Commandants of companies of infantry, troops of cavalry and of the Gatling gun squad shall make quarterly quarterly report. returns of the property, territorial and United States, for which they are responsible, to the adjutant general, and to the commanding officer of the battalion to which they are attached. The battalion commanders shall make semi-annual returns to the adjutant general of all the territorial and United States property for which they are responsible: Provided, That such returns shall be in such form as is prescribed by the United States army regulations.

§ 2258. All enlistments in the national guard of New Mexico shall be for a term of two years: Provided, That all persons having served one full enlistment and having been honorably discharged from such service shall be permitted to re-enlist for a term of one or two years at their option.

Commandants of companies to make

Id. § 9.

Enlistments two

years.

Id. § 10.

Detail commanders to select their

ants.

§ 2259. The commissions of officers on the staff of regimental and battalion officers shall continue in force only dur- staff from lieutening the term of office of such regimental or battalion officers or during their pleasure. The battalion commanders shall select their adjutants and quartermasters from among the lieutenants of his battalion and he shall also select the surgeon and chaplain of his battalion, and hospital steward. Each battalion commander shall appoint the chief musician and the two principal musicians of the band of his battalion, who shall hold their positions during his pleasure while enlisted in the band.

$2260. Each and every company of infantry, troop of cavalry and Gatling gun squad, organized under the provisions of this act shall meet at least three times in each month at their armory for military instruction, at which time the commanding officer of each company of infantry, troop of cavalry, and Gatling gun squad, or some person detailed by him shall drill his company, troop or Gatling gun squad not less than one hour; the company and troop to be drilled in the school of the soldier, the manual of arms and the movements of the company or troop: the Gatling gun squad to be drilled according to the drill provided for Gatling gun squad in the United States army.

$2261. The governor and commander-in-chief may order courts martial for the trial of officers and enlisted men in the national guard of New Mexico on proper charges and specifications, the proceedings of which shall be as provided by the United States army regulations, now in force or which may hereafter be in force, and the official regulations for the guidance and government of courts martial in the United States

Id. § 11.

Companies to meet

at least three times

a month for military

instruction.

Id. § 12.

Governor may or der courts martial.

C. 50. March 17.

L. 97. § 13: army, now in force, or which may hereafter be in force: and the governor and commander-in-chief in ordering a court martial shall detail a judge advocate for the same, and the governor and commander-in-chief shall have full power to approve or disapprove of proceedings of a court martial or any part thereof, and he shall have full power to carry into effect the sentence of a court martial or to mitigate the sentence of a court martial in any way he sees fit. And any commissioned officer dismissed, cashiered or dishonorably discharged from the national guard of New Mexico and any enlisted man dishonorably discharged from the national guard of New Mexico shall not be permitted to again enter any company, troop or Gatling gun squad, of the national guard of New Mexico or serve therein, and such person shall be disqualified from holding any military office in the service of the territory, except the offense be pardoned by the governor and commander-in-chief.

United States army regulations adopted.

Id. § 14.

Courts martial may issue subpoenas. Id. § 15.

Penalty: when fines are not paid.

Id. § 16.

Dues may be collected by suit.

Id. § 17. Uniforms, arms and equipments exempt.

Id. § 18.

Commissions: how

signed.

§ 2262. The United States army regulations now in force or those which may hereafter be in force, are hereby adopted so far as practicable for the government, regulation and discipline of the national guard of New Mexico.

§ 2263. The president of a court martial may issue subpœnas and enforce the attendance of a witness and punish a refusal to be sworn or to answer as provided in civil actions. § 2264. When fines assessed by court martial or in pursuance of the provisions of the authorized by-laws of any company of infantry, troop of cavalry or Gatling gun squad are not paid within ten days after the sentence or fine is approved by the reviewing officer and returned to the commandant, the judgment and sentence of said court martial, and the imposition of such fine under said authorized by-laws of any company, troop or Gatling gun squad shall have the full force and effect of a judgment at law, and upon the filing of a certified copy of said judgment and sentence of said court martial, or of the proceeding had under authorized by-laws of any company, troop or Gatling gun squad whereby any fine is imposed under the hands and seals of the presiding officers thereto, with the justice of the peace within the precincts in which the delinquents respectively reside, said justice of the peace shall issue execution thereon without stay, together with cost thereof, directed to any constable of the proper precinct, or to the sheriff of the county, who shall collect the same without exemption.

§ 2265. Dues levied by the by-laws of any military organization may be collected by civil suit without the right of stay of execution; and all suits for collection of fines or dues shall be brought in the name of the Territory of New Mexico for the use of such organization: but in no case shall the territory pay the cost of said suit.

2266. Uniforms, arms and equipments required by law or regulation of every soldier of national guard of New Mexico shall be exempt from all suits, distresses, executions or sales for debt or payment of taxes.

$2267. That all military commissions of the national guard of New Mexico, the issue of which is authorized by the

laws of this territory, shall be signed by the governor, sealed with the great seal of the territory and attested and recorded by the secretary of the territory and countersigned by the adjutant general.

§ 2268. All commissioned officers shall be named and appointed by the governor and commander-in-chief and shall hold their commissions at the pleasure of the governor and commander-in-chief for the time being: Provided, That company officers shall be selected from the men forming the organization. All commissioned officers of the national guard of New Mexico and any United States officers detailed for duty with the national guard of New Mexico, shall have power to administer oaths on military business.

C. 50. L. 97. § 19; March 17.

ricers appointed by the

Commissioned of

governor and hold at his pleasure.

Id. § 20.

Officers having government proper

bond.

§ 2269. The governor and commander-in-chief shall cause and require proper bonds to be given, with good and satisfac- ty in charge to give tory sureties from all officers who have any military, territorial or United States property in their charge or possession, and said bonds shall be filed with the adjutant general before any property is turned over to applicants.

Id. § 21.

Adjutant general to be ex-officio eral, etc., and give bond.

Id. § 22.

Unlawful disposi tion of minary property.

§ 2270. In time of peace the adjutant general shall be exofficio quartermaster general, commissary general, inspector quartermaster gengeneral and chief of ordinance, and shall perform the duties of such offices: he shall give bond to the territory for the proper discharge of his several offices as the governor and commander-in-chief may determine, said bonds to be placed in the custody of the territorial auditor as security to the territory. $ 2271. Whoever shall secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge, or retain or refuse to deliver to an officer entitled to take possesion thereof, any uniform, arms or equipments or other military property of the national guard of New Mexico; who shall when not on duty, wear any such uniform or equipments, without the permission of his commanding officer, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not less than ten days, nor more than thirty days, or by fine of not less than five dollars, nor more than twenty dollars.

$2272. The governor and commander-in-chief may, from time to time, require the adjutant general to examine the ar. mory or arms of any company of infantry, troop of cavalry, or Gatling gun squad, and report to him the condition of such armory and of the arms and property therein deposited.

$ 2273. If it shall appear satisfactorily to the adjutant general that any arms, ordinance or other property of the territory or of the United States, have not been safely kept or properly housed, or to have been injured, or lent or used for purposes other than upon military occasions, he shall prosecute the bond given by the commanding officer of such company of infantry, troop of cavalry, Gatling gun squad, or he shall take away such property from such organization and report such organization to the governor and commander-inchief, who shall disband the same at his discretion. For this purpose the adjutant general may inspect or cause to be inpected, or examine at any time at his discretion the arms and property aforesaid.

Penalty.

Id. § 23.

Governor may or

genexamine

der adjutant
eral to
company.

armory or arms of

Id. § 24.

Duty of adjutant to prose

cute bond given by fully disposing property.

officers and unlaw

Id. § 25.

of

« PrejšnjaNaprej »