94

MILITARY. [ART. 63.

Penally.

conviction thereof be punished by imprisonment in the
city or county jail for not less than six months nor
more than one year, or by a fine of not less than fifty
nor more than one hundred dollars, to be recovered as
provided in the preceding sections.

Return of arms,
&c., on disband-
ment

"18. Upon the disbandment of a volunteer company
which has received arms, equipments or any other pro-
perty of the state, for military purposes, the command-
ing officer of such company shall be responsible for the
return of the same to the custody of some duly author-
ized officer of the state, and it shall be the duty of the

Legal proceed-
ings.

adjutant general to take the necessary legal proceedings
in the name of the state, as provided in the preceding
sections of this article, unless the said property is pro-
perly accounted for by said commanding officer, as
provided in section fourteen.

Board of ex-
aminers.

19. The commander-in-chief may, from time [to
time,] and at any time, appoint a military board of
not less than three nor more than five officers, whose
duty it shall be to examine into the capacity, qualifi-
cation, propriety of conduct and efficiency of any com-
missioned officer, who may be reported as a fit subject
for examination ; and upon the report of such board,
if adverse to such officer, and approved by the com-
mander-in-chief, the commission of said officer may be

Proviso.

revoked; provided, always, that if practicable, two
members at least of such board shall have military
rank, at least equal to that of the officer examined;
the commander-in-chief may also, when in his opinion
it is necessary, call boards of officers for settling mili-
tary questions, and for other purposes of good order or
discipline.

Pay and ra-
tions.

20. The militia when called into active service shall
be allowed the same pay and rations as the regular
troops of the United States army; and the rations
when commuted shall be fixed by the army regula-
tions in force at the time.

Armories.

21. The commander-in-chief may authorize the com-
manding officers of such regiments, batteries, battalions,
squadrons or companies, of the volunteer militia, duly