434 MILITIA. [ART. 63.

and the justice shall return such appeal to the clerk of the
Circuit' Court before the second day of the next term, and the
same shall be proceeded in as in other appeals from justices of
the peace, and except in extraordinary cases, of which the
court shall be judge, all such appeals shall be heard at the first
term.

71. In all cases where a militiaman may be draughted or shall
have volunteered to perform a tour of duty, he shall be con-
sidered a soldier, and when called into actual service by the
express command of the Governor shall be entitled, and then
only, to the same pay and rations as if he was in the service
of the United States, and be subject when so called into ser-
vice to the rules and articles of war, unless he shall furnish a
substitute, and the commanding officer of the volunteer com-
pany, if such person belong thereto, of the extra battalion or
squadron, or regiment, if he is a draughted militiaman, shall
be the sole judge of the qualification of said substitute, and
may receive or reject him at his discretion, and no person
subject to do militia duty shall be exempt from being
draughted by reason of his having performed a tour of duty as
a substitute.

72. The commanding officer of each company shall appoint
and dismiss at his pleasure his non-commissioned officers; and
if any person so appointed shall neglect to do the duties of his
appointment, or refuse or neglect to obey the orders of his supe-
rior officers, or any of them, he shall forfeit and pay not less
than five nor more than twenty dollars, in the discretion of such
court martial as the case may require, which fine shall be col-
lected and paid over by the sheriff of the county as other fines
under this article.

73. In addition to the company meeting for inspection herein-
before directed to be held by every volunteer and draughted
company of the militia of this State on the second Saturday
of May in each year, there shall be another meeting of said
companies for drill in their respective battalions, squadrons,
regiments or brigades, as the field and staff officers of said
corps or a majority of them shall decide, and the said meet-
ings shall be held on the third Saturday of September in each
year.