MILITIA. 2187

exceed ten days. The fine so collected shall be paid by the said justice to
the finance officer of the organization of which the offender was a mem-
ber, to be applied by him to the military funds of the organization.

1922, ch. 490, sec. 41.

43. No action or proceeding shall be prosecuted or maintained against
a member of a military court or officer or person acting under its authority,
or reviewing its proceedings on account of the approval or imposition or
execution of any sentence, or the imposition or collection of a fine or pen-
alty, or the execution of any warrant, writ, execution, process or mandate
of a military court.

1922, ch. 490, sec. 42.

44. The force organized as prescribed in this Article shall be consid-
ered in the actual service of the State, and the members thereof shall be
subject to all military laws, orders and regulations prescribed for the gov-
ernment thereof, and all military offenses shall be considered, and they
are hereby declared to be offenses against the general police regulations
of the State, and shall be punishable by fine or imprisonment as provided
in this Article.

Except when on 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 power of the State or imminent danger thereof,
and also in all cases not otherwise covered, commissioned officers may be
tried by court-martial for the following offenses:

1. Non-attendance without excuse at any drill, parade, encampment,
meeting for instruction or other duty ordered by competent au-
thority.

2. Unmilitary or unofficer-like conduct.

3. Drunkenness on duty.

4. Neglect of duty.

5. Disobedience of orders or any act contrary to the provisions of the
Militia Law of the State or to the orders and regulations prescribed
for the government of the militia.

6. Refusing to grant a discharge to an enlisted man when entitled to

same.
7. Oppression or injury of any under his command.

8. Conspiracy or attempt to .break, resist or evade the laws or lawful
orders given to a person or advising any person to do so.

9. Insult or disrespect to a superior officer in the line of military duty.

10. Presuming to exercise his command while under arrest or suspen-
sion.

11. Neglect or refusal when commanding officer to order out the troops
under his command when required by law or lawfully ordered by
his superior officer.

12. Neglect or refusal to make a draft or detachment when lawfully
ordered to do so.

13. Receiving any feel or gratuity for any certificate.