ART. 65] RESERVE MILITIA——COURTS MARTIAL. 1479

1908, ch. 103, sec. 12.

11. The portion of the reserve militia ordered out or accepted into
service, as indicated in sections 8 and 9- of this article, shall be immedi-
ately mustered into the service of the State for one year, or unless sooner
mustered out, as the governor may direct, and shall be organized into
troops, batteries or companies, which may be arranged in squadrons,
battalions or regiments, or assigned to organizations of the National
Guard already existing. The governor is authorized to appoint the offi-
cers necessary to commence or complete any organization thus created.
Such new organizations shall be equipped, disciplined and governed
according to the militia law and the military regulations of the State.

1908, ch. 103, sec. 13.

12. Whenever any portion of the militia shall be on duty or pursuant
to the orders of the governor, or shall be on duty or ordered to assemble
for duty in time of war, insurrection, invasion, public danger, or to aid
the civil authorities on account of any breach of the peace, tumult, riot,
resistance to process of this State, or imminent danger thereof, or for
any other cause, the articles of war governing the army of the United
States, as well as such regulations issued thereunder, shall be in force
and regarded as part of this article until said forces shall be duly
relieved from such duty. As to offenses committed when such article of
war are in force, courts-martial shall possess, in addition to the jurisdic-
tion and power of sentence and punishment therein vested in them, all
additional jurisdiction and power of sentence and punishment exercis-
ible by like courts under such articles of war or the regulations and laws
governing the United States army, or the customs and usages thereof;
but no punishment under such rules and articles, which shall extend to
the taking of life, shall in any case be inflicted, except in time of actual
war, invasion or insurrection, and then only after approval by the gov-
ernor of the sentence inflicting such punishment. Imprisonment other
than in guardhouse shall be executed in jails or prisons designated by
the governor for the purpose.

1908, ch. 103, sec. 14.

13. Members of the militia ordered into the active service of the
State by proper authority shall not be liable civilly or criminally for any
act or acts done by them while in discharge of their duty. When a suit
or proceeding shall be commenced in any court by any person against
any officer of the militia for any act done by such officer in his official
capacity in the discharge of any duty under this article, or against any
person acting under the authority or order of any such officer, or by vir-
tue of any warrant issued by him pursuant to the law, the defendant
may require the person prosecuting or instituting the suit or proceeding
to file security for the payment of costs that may be awarded to the
defendant therein, and the defendant in all cases may make a general
denial and give the special matter in evidence. In case the plaintiff
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