Fines, how collected. No action in certain tion of such sentence, or mitigate the punishment, or may remit the sentence of the person convicted; but the person so sentenced may apply to the Commander in Chief to revise the proceedings and to disapprove them or pardon the offence, in which case the officer approving the sentence will transmit the proceedings in the case to the Commander in Chief, and the execution of the sentence must be suspended until the proceedings are returned with the decision thereon. SEC. 2080. All fines imposed by a court martial, after the proceedings and findings of the Court in the premises have been approved, are collectable by law; and any person failing to pay the same must be proceeded against by the District Attorney of the county in which the offence is committed in the name of the people of the State, as for ordinary debts, in any Court of competent jurisdiction in the county; and a copy of so much of the findings and approval as relates to imposition and approval of such fine, certified by the officer authorized by law to approve the same, is primary evidence of the facts stated therein; and if judgment is obtained it must be collected as in ordinary cases and paid into the Military Fund of the State. SEC. 2081. No action can be maintained against any member of a court martial, or officer, or agent acting members of under his authority, on account of an imposition of a fine cases against courts martial. Who may order courts of inquiry. Rules governing. or the execution of a sentence on a person not liable to military duty, if such person has been summoned and notified in writing of the charges preferred against him and has failed to appear and show his exemption before the Court. SEC. 2082. Courts of inquiry may be ordered by the Commander in Chief, by the Major General, or by any Brigadier General. SEC. 2083. Courts of inquiry are governed by the same rules as similar Courts in the army of the United States. CHAPTER V. THE BOARD OF MILITARY AUDITORS. SECTION 2093. Who constitute the Board. 2094. Allowance and payment of company expenses. 2096. Other duties of the Board. 2097. Duties of Controller and Treasurer. 2098. Claims exempted from Board of Examiners. constitute SEC. 2093. The Commander in Chief, Adjutant Gene- Who ral, and the Attorney General constitute a Board of Mili- the Board. tary Auditors. The Commander in Chief is President, and the Adjutant General Secretary; and the Board must have a seal, which must be attached to all accounts audited by them. and company SEC. 2094. There must be audited and allowed by the Allowance Board of Military Auditors, and paid out of the Military payment of Fund upon the warrant of the State Controller, to the com- expenses. manding officer of each company of cavalry or infantry of the National Guard, for armory rent and incidental expenses of an armory, care and cleaning of arms and military property in charge of such company, the sum of not more than fifty dollars per month; to the commanding officer of each light battery the sum of not more than twenty-five dollars per month for each gun under their command; and to the commanding officer of each regiment, for incidental expenses, the sum of not more than fifteen dollars per month; and to the commanding officer of each battalion, the sum of not more than one dollar per month for each company in his battalion; to each Brigadier General of brigade, the sum of one dollar per month for each company in his brigade. SEC. 2095. No claim must be allowed under the provis- Same. ions of the preceding section unless an itemized account of the expenditures is made out, signed, and sworn to in duplicate by the officer claiming the same, and transmitted through the proper military channel to the Adjutant General of the State-one copy to be filed in the office of Other duties of the Adjutant General, and one to be sent to the Board of Military Auditors. SEC. 2096. The Board of Military Auditors must audit the Board. and allow all proper claims against the Military Fund incurred by troops in the service of this State and officers attached to the same. Duties of and Claims exempted from SEC. 2097. The Controller of State must draw his warrants for any amount audited and allowed by the Board, and the Treasurer of State must pay the same out of the Military Fund. SEC. 2098. Claims audited and allowed by the Board of Military Auditors are exempt from the provisions of Examiners. Article XVIII of Chapter III, Part III of this Code. Board of CHAPTER VI. ADJUTANT GENERAL. SECTION 2107. General duties of Adjutant General. 2108. Report of. 2109. To act as Chief of Staff. 2110. Staff of. 2111. Transportation of arms. General duties of Adjutant General. 2112. Salary of Clerk. 2113. Salary of Armorer. 2114. Salary of Adjutant General. 2115. Salary of Assistant Adjutant General. 2116. Salaries, when and out of what Fund payable. 2117. Official bond. SEC. 2107. It is the duty of the Adjutant General: 1. To keep and preserve the arms, accoutrements, ammunition, and other military property belonging to the State; 2. To keep on file in his office all returns and reports made to him; 3. To keep an account, in a manner directed by the Commander in Chief, of all moneys received or disbursed by him; 4. To prepare and keep all blank forms required for the service; 5. To attest all commissions issued to military officers; 6. To authenticate with his official seal all papers issued from his office; 7. To make out and transmit the annual militia returns prescribed by the Act of Congress of March second, eighteen hundred and three; 8. To appoint a Clerk and an Armorer, and prescribe and enforce the duties of each; 9. To perform such other duties as are required by the provisions of this Title. SEC. 2108. He must report to the Governor a state- Report of. ment: 1. Of all moneys received or disbursed by him since his preceding report; 2. An account of all arms, accoutrements, ammunition, and military property belonging to the State, from what source received, and to whom issued; 3. Of the present condition of all such property under his charge; 4. The number and condition of the National Guard and of the enrolled militia of the State. SEC. 2109. He is ex officio Chief of Staff, Quartermaster General, Commissary General, Inspector General, and Chief of Ordnance. To act as Chief of SEC. 2110. His staff consists of one Assistant Adjutant Staff of. General, with the rank of Major, one Aide-de-Camp, with the rank of Captain, and one Orderly, with the rank of Sergeant Major, appointed by him and holding office at his pleasure. portation SEC. 2111. The transportation of arms, equipments, Transand military stores issued to troops or received by the of arms. State, and all other military transportation, must be contracted for by the Adjutant General, under the direction of the Commander in Chief, and vouchers for such transportation, when audited by the State Board of Military Auditors, must be paid from the Military Fund, on the warrant of the Controller. SEC. 2112. The annual salary of the Clerk for the Adjutant General is eighteen hundred dollars. SEC. 2113. The annual salary of the Armorer is eighteen hundred dollars. SEC. 2114. The annual salary of the Adjutant General is three thousand dollars. SEC. 2115. The annual salary of the Assistant Adju tant General is two thousand dollars. SEC. 2116. The salaries provided for in this Chapter are payable monthly out of the General Fund in the State Treasury. SEC. 2117. The Adjutant General must execute an official bond in the sum of twenty-five thousand dollars. NOTE. This Title is founded on the following statutes: 1862, p. 365; 1863, p. 441; 1868, p. 665. TITLE V. PUBLIC INSTITUTIONS. CHAPTER I. Insane Asylum. II. Deaf, Dumb, and Blind Asylum. III. State Library. IV. Supreme Court Library. V. Other Public Institutions. CHAPTER I. INSANE ASYLUMS. ARTICLE I. BOARD OF DIRECTORS. II. MEDICAL SUPERINTENDENT. |