Officers of the company,

Captain and lieutenants to be commissioned officers.

Term of enlist ment not less than 3 years.

Volunteers serving three years exempt from

2. The officers of the company shall be a captain, first lieutenant, second lieutenant, four sergeants and four corporals; but the gov ernor may authorize the election of three lieutenants for any company, whenever he may deem it expedient. The captain and lieutenants shall be commissioned officers.

3. Volunteer companies shall be raised by voluntary enlistment for the term of not less than three years, and every member of a uniformed volunteer company, serving for three years successively in one or more companies, shall be exempt from ordinary militia duty. Persons proposing to form a volunteer company, shall sign in dupliordinary militia cate, an agreement to the following effect: "We, whose names are hereby subscribed, agree to become members of a volunteer company of (infantry, riflemen, cavalry, &c., as the case may be,) for the county of..., for the purpose of supporting and defending the constitution of the United States, and the state government as reorganized by the convention which assembled at Wheeling, on the eleventh day of June, eighteen hundred and sixty-one."

duty.

Duplicate agreement to be signed.

Five, upon reasonable notice thereof to the

others, may elect officers, &c.

Conductors to certify such election.

Certificate of election to be transmitted to Governor, together with

4. Whenever a sufficient number of persons, capable of efficiently performing military duty, shall have signed such agreement, a meet¡ng may be called by any five of them, upon reasonable notice thereof to the others, to elect officers of the company; and such meeting, if a majority of the members be present, may appoint the necessary persons to conduct and certify such election.

5. When the officers shall be elected as aforesaid, the conductors of the election shall certify such election; and it shall be the duty of the captain, or some other person or persons, appointed for the purpose by the company, to transmit to the governor the certificate of election, together with the duplicate of the agreement signed as afore said, by the members; and a proper certificate or certificates, that the officers and privates of the company have taken the oath required by the ordinance for the reorganization of the state government And the governor shall thereupon, if he approve the same, commission the captain and lieutenants, elected, and shall, subject to the mission captain regulations hereinafter prescribed, cause proper arms, accoutrements and ammunition to be furnished to the company.

the duplicate of agreement.

Oath to be certified.

Governor to com

and lieutenants,

and furnish

arms, &c.

6. The governor shall cause the arms, accoutrements and ammunition which may be at his disposal, to be so distributed among the several volunteer companies, organized as aforesaid, as to secure the services of at least one efficient and well armed volunteer company. recognizing the authority of this government, and subject to it orders, in every county where the organization of such a company may be practicable; and in addition thereto, of an efficient and well armed volunteer force to the amount of at least four hundred rank Fank and file, at and file, at the seat of government. And he shall cause the residu of the arms, accoutrements and ammunition, which may be from tim to time at his disposal, to be distributed to other volunteer compa nies organized pursuant to this act, in such manner as he may deen best, to provide for the safety and defense of the people.

Four hundred

seat of govern

ment.

Bond with secu

the value of the

executed, condi

7. When the captain or other person or persons authorized by any volunteer company organized pursuant to this act, shall apply to the governor for arms, accoutrements and ammunition, the governor, before issuing the same, shall take from the person or persons receiving them, a bond with satisfactory security, in a penalty equal to Fity in a penalty double the value of the arms, accoutrements and ammunition to be equal to double issued, payable to the commonwealth of Virginia, with conditions armis, &c., to be that he will not deliver the same, or any part thereof, to any member tioned, &c. of the company, who shall not have taken the oath required by the ordinance for the reorganization of the state government, nor until such member shall execute bond with good security.for the preserva- Bonds so taken tion thereof, and the return of the same in good serviceable condition, to be returned to when demanded. The bonds so taken shall be returned to, and filed office of the Adin the office of the adjutant general.

and filed in the

jutant General.

*. In case of public emergency, the governor may dispense with all Governor in ceror any of the bonds required by the preceding section.

tain cases, may dispense with bonds.

and serviceable

9. Every person having in his possession any public arms or accou- Public arms to trements, shall keep the same in good and serviceable order; and when be kept in good called on duty, shall promptly appear, with such arms and accoutre- order. ments, at the appointed rendezvous. Whenever the governor shall issue an order to that effect, he shall return such arms and accoutrements to the person or persons appointed to collect in and receive turned on order the same.

Arms to be re

of governor.

Governor may service of state any volunteer such terms as he called out by

order into active

company, &c., for

shall prescribe.

10. The governor may order into active service of the state, for such term as he shall prescribe, any volunteer company, battalion or regiment, or any part or detachment thereof. But whenever volunteers shall be ordered into active service, they shall be called out by companies, unless a smaller number be deemed sufficient to perform the duty. In cases of public emergency, the commandant of any companies. volunteer company, battalion or regiment, may order out the same, or any detachment, for the common defense, or to preserve the public peace or enforce the execution of the laws, making report thereof, as soon as practicable, to the governor, whose approval shall in all such cases be equivalent to a previous order.

11. When any volunteer company or regiment, or any detachment thereof, shall be ordered into active service of the state by the governor. they shall be entitled, for the time they are employed in such

rvice, to the same pay and subsistence, camp equipage and other Pay and subsisequipments, to which similar officers and soldiers are entitled in the tence, &c. service of the United States; and shall be governed by the articles To be governed of war which may be in force at the time, for the government of the by the articles of troops of the United States.

war.

12. The uniform and dress of the officers, musicians and privates Governor to preof volunteers, shall be prescribed by the governor; but any volunteer scribe dress and pany may, with permission of the governor, adopt such uniform

as a majority of them may desire.

uniform.

Each volunteer

company may

13. Every volunteer company may make by-laws and regulations for its own government, which shall be obligatory on its own memby-laws and reg bers, unless contrary to the laws of the United States, or of this state.

make its own

ulations.

Report to be

jutant general

every three

14. The captain of every volunteer company shall, once at least made to the ad- during every three months, transmit to the adjutant general, a fair and accurate account of the number and condition of his company, and of the number, kind and condition of the arms, accoutrements and ammunition, in their possession.

months.

Inspection of strength, &c., may be made by authority of governor.

Power of governor to disband companies.

When companies to be disbanded.

Report of same to be made to governor.

When appeal

may be made to governor.

15. The governor may, from time to time, cause inspection to be made of the strength and condition of any volunteer company or companies, and of the number and condition of their arms, accou trements, ammunition and equipments. And if upon report thereof made, he be of the opinion that the public interest would be promoted thereby, he may cause such company or companies to be disbanded, and their arms, accoutrements, ammunition and equipments to be returned.

16. When any volunteer company shall, for three months together, be reduced in strength below the minimum number required by law, or be for that length of time, without the requisite uniform, it shall be disbanded. In every case of such dissolution, it shall be the duty of the commandant of the regiment in which the same occurs, to report the said dissolution to the governor without delay.

17. Any person thinking himself aggrieved by the proceedings at any election for a commissioned officer of a volunteer company, may appeal to the governor; and the governor may, if he deem it proper, Notice of appeal order a new election. But of such appeal, due notice must be given to the adverse party.

to be given.

How vacancies to be filled.

Governor may suspend for misconduct.

Senior captain

to command.

Commissioned

officers to elect necessary field officers.

18. Any vacancy which may occur in the officers of such company, shall be filled by the members thereof, by election, to be conducted and certified as aforesaid. But if such vacancy occur at any election, by the election of an officer to a different office from that which he before held, the vacancy may be filled at once, without further notice.

19. The governor, for misconduct within his own knowledge, or upon complaint lodged in writing, supported by affidavit, may suspend any commissioned or non-commissioned officer of a volunteer company or regiment, or may remove him from office, and order an election to fill the vacancy.

20. When volunteer companies parade, join or do duty together, the senior captain present shall command, unless an officer of a higher grade be present. But when a volunteer force, consisting of several companies is called into active service, the commissioned officers of said companies shall elect the necessary field officers to command the same.

21. There shall be at least ten musters in every year, of such com- Ten musters in pany of volunteers.

each year.

consist of not

22. In each battalion of volunteers, there shall not be less than Battalions to two hundred rank and file; and every regiment of volunteers, shall consist of two battalions.

less than 200 rank and file.

organize battal

tors of election,

23. When there shall be in any town, city or county, volunteer Governor may companies sufficient to form a battalion or regiment, the governor on or regiment, may organize the same, and for this purpose, may appoint conductors appoint conducof election, and prescribe the time and place for the commissioned and prescribe officers of the several companies, to meet together and elect battalion or regimental officers.

place of meeting.

ments.

24. There shall be a colonel, lieutenant-colonel, and two majors for Officers of regievery regiment of volunteers, who shall be the field officers thereof. They shall be elected by the commissioned officers of the volunteer How elected. companies composing the regiment; and a majority of the commis- Quorum. sioned officers, shall be a quorum to make such election. The field Field officers to officers shall be commissioned by the governor, upon the certificate by governor. of the conductors of the election, and proper evidence of their having taken the oath prescribed by the ordinance for the reorganization of the state government.

be commissioned

stitute a bat

stitute a regi

25. When four or five volunteer companies, in the same city, town What may conor county, containing the requisite number of men, shall agree to talion. unite and be drilled and mustered together, they may constitute a battalion; and the commissioned officers of such companies may elect a major for field officer of such battalion. And when six, seven or What may coneight companies, in the same city, town or county, containing the ment. requisite number of men, agree to unite and be mustered and drilled together, they may form themselves into a regiment, and the commissioned officers of such companies may elect field officers for the same. The commissioned officers of the companies so agreeing to tite, may appoint the time and place for holding such election, appoint conductors thereof, and cause the same, with a correct report of the battalion or regiment, to be certified to the governor, who, if be approve thereof, shall commission the field officers so elected, -Fon proper evidence that they have taken the oath prescribed by the ordinance for the reorganization of the state government.

staff, &c.

23. Every colonel shall appoint his own staff, and may employ Colonel may apdrummers, fifers and buglers, and procure drums, fifes and bugles, as point his own prescribed in the tenth section of chapter twenty-five of the second edition of the code.

27. The staff of a colonel shali consist of a quartermaster, paymaster, surgeon, surgeon's mate, an adjutant with the rank of captain, sergeant major, a quartermaster sergeant, an assistant commissary of absistence, and when in actual service an additional surgeon's mate and two principal musicians, to be styled drum and fife majors.

What constitutes tosta

the staff of a

Duties of staff officers.

Quartermaster and paymaster to give bonds.

Battalion or regiment may adopt by-laws for its government.

Duty of governor

to appoint some

to collect togetherartillery, &c.

28. The duty of the several officers attached to the colonel's staff shall be as prescribed by the twenty-eighth and twenty-ninth sections of chapter twenty-three of the second edition of the code, and by the by-laws and regulations which govern similar officers in the army of the United States; and each quartermaster and paymaster shall give bond and security according to the said twenty-eighth and twentyninth sections.

29. Any volunteer battalion or regiment by its board of officers may adopt such by-laws for its government as may be deemed proper: provided they be consistent with the laws of the United States and of this state. And such by-laws shall have a controlling influence over the by-laws of the several companies composing such battalion or regiment.

30. It shall be the duty of the governor, from time to time, as shall person or persons seem to him expedient, to appoint some suitable person or persons to collect together and take charge of all artillery, arms, accoutrements, ammunition, tents and camp equipage belonging to the state, which are not in the hands of volunteer companies pursuant to this act, and to remove the same to such place of safe keeping as the governor shall designate. He shall also appoint suitable persons and adopt such other measures as may be necessary to keep in good order and guard the munitions of war and public property of the state. And any person or persons so appointed shall have all the powers necessary for the execution of the orders of the governor in that behalf; and to secure the execution of such orders, the governor may detail such portion of the military force of the state, not mustered into the service of the United States, as he may deem necessary.

Duty of governor

to provide for

31. It shall be the duty of the governor to provide for the repair. repair &c., of ar- safekeeping, and preserving in good and serviceable condition, the artillery, arms, accoutrements, ammunition, tents and camp equipage belonging to the state.

tillery, arms, &c.

Expenses incur. red by governor

to be paid out of

the treasury out

of any money not

otherwise appropriated.

32. The expenses incurred by the governor in arming and equipping volunteers as aforesaid, or in collecting, inspecting, repairing, pre serving and safely keeping munitions of war as aforesaid, shall be paid out of any money in the treasury not otherwise appropriated.

33. This act shall take effect from its passage.

When levy may

be made by coun

chase of arms,

An ACT to authorize the County Courts, Corporations, & to appropriate money for the public defense.

Passed July 12, 161.

1. Be it enacted by the General Assembly, That the several count ty courts for pur- courts shall be authorized at any monthly or quarterly term, when majority of the acting justices of the county are in attendance. when the justices shall have been summoned for such purpose, t order a levy for the purchase of arms, ammunition, accoutrement

&c.