ART. 63.] MILITARY.

91

10. All commissioned officers of the militia shall be
commissioned by the governor, who may, in his dis-
cretion, withhold such commission, in order to deter-
mine 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, appointed
as hereinafter provided, an elected or appointed officer
shall be adjudged unqualified by a majority of said
board, then another officer shall, within ten days, after
due notice given in writing to the adjutant general, to
whom the presiding officer of said board shall report,
be elected or appointed, as provided for by this article,
and in default of such election or appointment, the
vacancy shall be filled by the commander-in-chief.

Commissioned
officers
Power of gov-
ernor.

11. Every organized company of volunteer militia
may, by a vote of a majority of its officers, adopt by-
laws, which when approved by the commanding officer
of the regiment, battalion, squadron or battery, or in-
dependent organization, to which said company belongs,
and approved by the adjutant general, shall be binding
upon all the members of such company ; provided that
nothing therein shall be inconsistent with the constitu-
tion or laws of this state or of the United States, or the
rules and regulations prescribed by the commander-in-

By-laws of vol-
unteer compa-
nies.

chief; and whenever any fine or penalty for absence
from drill, neglect of duty or other cause, shall be im-
posed by virtue of such by-laws, the same may be col-
lected by execution in the same manner as judgments
rendered by a justice of the peace, for the use of said
company, upon a statement certified by the command-
ing officer thereof, showing how, when, and for what
amount said fine or penalty was assessed.

Fines and pen-
alties, how col-
lected

12. The commander-in-chief shall prescribe such
rules, orders and regulations for the distribution of
arms, accoutrements and ammunition as he may deem
proper, as also for the safe keeping and return of all
such property ; which rules and regulations shall have
the force of law.
13. The commander-in-chief, within the limit of the
appropriations by act of the general assembly, shall

Rules for dis-
tribution of
arms, &c.