146

MILITARY. [ART. 63.

return to the custody of the adjutant general of all
public property in possession of said company, and
for any loss or damage thereto, compensation may be

Action on bond.

obtained either in an action of contract or suit upon
the bond, and it shall be the duty of the adjutant
general to take such legal proceedings in the name
of the State.

Uniforms, &c.,
exempt from
distress, attach-
ment, &c.
horses.

26. The uniforms, arms and accoutrements of the
national guard shall be exempt from all seizures by
way of distress, attachments, executions, or sales for
debts or payment of taxes, and every mounted officer
or any member of a troop or battery, who shall own
a horse necessary for his use as such officer or member,
shall hold the same with the like exemption.

Election of offi-
cers.

27. All field officers of regiments and battalions
shall be elected by the ballots of the commissioned
officers of the companies composing said regiments
or battalions; all generals of brigades or divisions
shall be elected by the ballot of the commanding
officers of the regiments and battalions comprising
said brigades or divisions; company officers shall be
elected by the ballots of the members of their respec-

Appointments.

tive companies; the commissioned and non-commis-
sioned staff shall be appointed by the commanding
officer of the respective divisions, brigades, regiments,
battalions or squadrons; non-commissioned officers of
companies shall be appointed by the commanders of

Warrants.

their respective companies; warrants for non-commis-
sioned officers shall be issued by the regimental or
battalion commanders.

Commissioned
officers.

Power of gov-
ernor.

28. The commissioned officers of the national guard
shall be commissioned by the governor; but he may
in his discretion withhold such commission in order to
determine the qualification of the person for the office
to which he shall have been elected or appointed, and
if upon reference to an examining board, to be ap-
pointed as hereinafter provided, a general, field, staff
or company officer shall be adjudged unqualified,
another officer shall, within ten days after due notice
given in writing to the adjutant general, to whom