998 MILITIA—COMMISSIONS. [ART. 65

requisite to an election. The commissioned and non-commissioned
staff shall be appointed by the commanding officer of the respec-
tive division, brigade, regiment, battalion, or squadron; non-com-
missioned officers of companies shall be appointed by the com-
manders of their respective companies; and warrants of non-com-
missioned officers shall be issued by their respective regimental
or battalion commanders.

1870, ch. 182, sec. 10.

10. All commissioned officers of the mllitia shall be commis-
sioned by the governor, who 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 ap-
pointed ; 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.

Ibid. sec. 11.

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,
equadron or battery, or independent 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 constitution or laws
of this State, or of the United States, or the rules and regula-
tions prescribed by the commander-in-chief; and whenever any
fine or penalty for absence from drill, neglect of duty or other
cause, shall be imposed by virtue of such by-laws, the same may
be collected 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 commanding officer thereof,
showing how, when and for what amount said fine or penalty
was assessed.