C. 50. L. 97, § 26: March 17. Company failing four privates to be reported to the gov to muster twenty ernor. Musicians of bands on duty liable to $2274. Any company of infantry, or troop of cavalry which shall not, at any inspection designated by the proper officer or officers, muster twenty-four or more privates, such infantry company, arms, uniform and equip[ment] as the law directs or regulations described, [or]such cavalry troop, mounted, armed, uniformed and equipped as the law directs, or regulations describe, shall be immediately reported by the adjutant general to the governor and commander-in-chief. If such number of privates shall not appear, the adjutant general shall require proof that there are privates belonging to such company of infantry, or troop of cavalry, sufficient to complete the whole number of twenty-four, and such company of infantry or troop of cavalry so discovered to be deficient in numbers shall be disbanded by the governor in orders. Upon the disbandment of a company of infantry, troop of cavalry, or Gatling gun squad, which have received uniforms, arms, equipments or equipage from the adjutant general, the commissioned officers of such organization shall be responsible for the safe return to the custody of the adjutant general of all the public property in the possession of such organization and for loss or damage thereto by reason of the willful neglect or default of such officers or any of them, he or they shall be held to make compensation therefor, to be recovered by proper suit to be brought by the adjutant general against all or any such officers, which suits shall be his duty to bring. § 2275. All musicians of bands, while actually on duty, penalties as other shall be subject to the same demands and liable to the same duties and penalties as other soldiers. soldiers. Id. § 27. Company clerk to keep exact rolls, with state of arms furnished to member. Id. § 28. Orderly book to be kept. Id. § 29. § 2276. A fair and exact roll of each company of infantry, troop of cavalry and Gatling gun squad shall be kept by the each company clerk under the direction of the commander, with the state of the arms and equipments furnished to each man. § 2277. An orderly book shall be kept in each company of infantry, troop of cavalry and Gatling gun squad by the clerk, under the direction of the commander, and the proceedings of each company of infantry, troop of cavalry and Gatling gun squad and all orders received and issued shall be recorded therein; fines and forfeitures with the time and the offense, neglect and deficiency for which they were incurred, money collected by him, with the names of the persons from whom collected, and all delinquencies and deficiencies shall be recorded in said book, which shall not be alienated from the company, troop or squad and shall always be open to the inspection of the officers. Contributing mem bers may be enroll $2278. That not more than four contributing members, ed in each company. who may not be active members, may be enrolled in each company of infantry, troop of cavalry or Gatling gun squad of the national guard of New Mexico. Each of such contributing members shall pay into the treasury of such organization annually on or before the first day of July, not less than twentyfive dollars. Upon the payment of such annual dues such contributing members shall receive from the commanding officer of such organization a certificate countersigned by the clerk thereof, and shall be exempt during the ensuing year from jury duty and the payment of poll tax; the fund derived from the dues of contributing members shall be used for repairs and renewal of the property of the company of infantry, troop of cavalry or Gatling gun squad. § 2279. That all military schools within the territory, the cadets of which are fully uniformed and equipped, shall be entitled to have the superintendent of said school commissioned as aide-de-camp on the staff of governor and commander-in-chief with the rank of major, in addition to the number of aides-de-camp hereinbefore provided for. The governor and commander-in-chief shall cause an annual inspection to be made of the discipline, courses of study and general management of all military schools within the territory, a report of which inspection shall appear in the annual report of the adjutant general. C. 50. L. 97, § 30: March 17. Superintendent of military schools ex officio members of with rank of major. governor's staff, Id. § 31. Target practice same as adopted by § 2280. For the improvement of the company of infantry and troops of cavalry in the use of their weapons and target United States. practice, the instruction in target practice, and target practice will be in accordance with the Small Arms Firing Regulations in use in the United States army. Id. $ 32. Territorial armory to be located 2281. There shall be a territorial armory at Santa Fe, New Mexico, in which all property belonging to the United Santa Fe. N. M. States or to the territory for the use of the national guard of New Mexico shall be properly stored and kept under the direct charge and custody of the territorial armorer, who shall be appointed by the governor and commander-in-chief, and holding office at the pleasure of the governor and commander-inchief, who shall be under the direct orders of the adjutant general, and shall give a good and sufficient bond to the Territory of New Mexico for the honest and faithful performance. of his duties. The duties of said armorer shall be to securely and properly keep in said armory all of said property belonging to the United States or the Territory of New Mexico for the use of the national guard of New Mexico, and not to issue or use any of said property without the written order of the adjutant general, and take receipts in duplicate for all property he may so issue, one of which receipts he shall immediately file with the adjutant general, and the other of which receipts he shall safely keep. He shall also keep all arms and ordnance stores so stored in said armory, in good serviceable condition and order and ready for use at all times, and perform all of the duties appertaining to his office that he may be ordered to do by the adjutant general: he shall be responsible for all of said property while in his charge, and the said armorer shall reside close to said armory, and be ready at all times to open said armory, and to issue property when ordered to do so by proper authority. § 2282. When ten men shall associate together for the purpose of forming a Gatling gun squad, they may apply to the governor and commander-in-chief, through the adjutant general, to be organized as such, and shall designate the person for first lieutenant of said Gatling gun squad. The first lieutenant of the Gatling gun squad shall select from the enlisted men of said squad the one sergeant and the two corporals allowed in said squad, and issue to them warrants as such. Id. § 33. at Gatling gun squad may be organized. Id. § 34. C. 50, L. 97, § 35; March 17. § 2283. All persons enlisting in any arm of service and in the band of the national guard of New Mexico shall take and Enlisted men to subscribe the following oath, in duplicate, to-wit: Territory of New Mexico, I SS. take and subscribe to oath. Form of oath. Commissioned of subscribe outh. County of 15 in the aged years, and I, - born in and by occupation a do hereby acknowledge to have voluntarily enlisted (or re-enlisted) on this day of ——, A D. --, in the national guard of New Mexico for the period of two years, unless sooner discharged by proper authority, and I do also agree to accept from the Territory of New Mexico such bounty, pay, rations and clothing as are or may be established by law. And I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and the Territory of New Mexico; that I will serve them honestly and faithfully against all their enemies whomsoever; that I will support the constitution of the United States and the laws of the Territory of New Mexico, and that I will obey the orders of the governor of New Mexico and the commanderin-chief of the militia forces thereof, and the orders of the officers appointed over me, according to the rules, army regulations and articles of war of the United States, so far as they may be applicable under the laws of the Territory of New Mexico, and the laws of the said Territory of New Mexico. So help me God. Subscribed and sworn to before me this [Seal]. day of Recruiting officer. And thereupon they and each of them shall be duly constituted members of the national guard of New Mexico and not before. The said oath of an enlisted man shall be taken before any commissioned officer of the national guard of New Mexico, and one of said oaths shall be retained and preserved among the records of such organization in which the command may have duly enlisted, and the other oath shall be immediately forwarded to the adjutant general and filed in his office. § 2284. All commissioned officers of the national guard of ficers to take and New Mexico, including the members of the governor's staff, in addition to the other requirements herein provided, and before his commission shall be delivered, shall take and prescribe [subscribe] the following oath: Form of outh. Territory of New Mexico, i SS. County of I, , a resident of the County of, in the Territory of New Mexico, have been duly appointed and commissioned of the national guard of New Mexico, do hereby solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and the Territory of New Mexico; that I will support and uphold the constitution of the United States of America and the laws of the Territory of New Mexico; that I will obey the orders of the governor of the Territory of New Mexico and the commander-in-chief of the militia forces thereof, and the order of the officers appointed over me, according to the rules, army regulations and articles of war governing the United States army, so far as they may apply to the national guard of New Mexico and according to the laws of the Territory of New Mexico; that I will faithfully observe and carry out the rules, laws and regulations established for the national guard of New Mexico. So help me God. Subscribed and duly sworn to before me this $2285. day of The territorial armorer in addition to giving a bond in this act required, shall, before his appointment is delivered to him, take and subscribe the following oath: Territory of New Mexico, County of SS. I, -, a resident of ̧- -, having been appointed to the office of territorial armorer of the Territory of New Mexico, do solemnly swear that I will support the constitution of the United States and the laws of the Territory of New Mexico, and that I will honestly and faithfully do and perform all the duties of my said office as required by law and to the best of my ability; and that I will obey all the orders of the governor and commander-in-chief and all orders of the adjutant general. Subscribed and sworn to before me this A. D. 18. C. 50. L. 97. § 36: March 17. Armorer to give bond and take oath. Form of oath. of. Location: marking Notice. Record. L. 1876, chap. 38, 1: Jan. 11. 2358 When lessor liable in damages to lessee; proviso 2359 MINES. § 2286. Any person or persons desiring to locate a mining claim upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit, must distinctly mark the location on the ground so that its boundaries may be readily traced, and post in some conspicuous place on such location, a notice in writing stating thereon the name or names of the locator or locators, his or their intention to locate the mining claim, giving a description thereof by reference to some natural object or permanent monument as will identify the claims: and also within three months after posting such notice, cause to be recorded a copy thereof in the office of the recorder of the county in which the notice is posted. And provided, No other record of such notice shall be necessary. Zeckendorf vs. Hutchison, vol. 1. page 476. N. M. Rep. Baxter Mountain G. M. Co. vs. Patterson. et al. vol. 3. page 77, W. C. Rep. |