ACT. 65. ] MILITIA. 179
shall be in force and regarded as part of this chapter until
said forces shall be duly relieved from such duty. As to
offenses committed when such Articles of War are in force,
courts-martial shall possess, in addition to the jurisdiction and
power of sentence and punishment therein vested in them, all
additional jurisdiction and power of sentence and punishment
exercisible 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
Governor of the sentence inflicting such punishment. Impris-
onment other than in guardhouse shall be executed in jails or
prisons designated by the Governor for the purpose.
SEC. 14. Members of the militia ordered into the active ser-
vice 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 virtue 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 pay-
ment 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 shall
be non-suited, or have a verdict or judgment rendered against
him, the defendant shall recover treble costs.
SEC. 15. The Adjutant General shall be in control of the
military department of the State, ' and subordinate only to
the Governor in matters pertaining to said department. He
will perform such duties as pertain to the Adjutant General
and the other chiefs of staff departments, under the regulations
and customs of the United States Army. He will superintend
the preparation of all returns and reports required by the
United States from the State, and will perform all the duties
prescribed for him by the militia law of the State, (a) He
shall keep a register of all the officers of the militia of the
State, and keep in his office all records and papers required to
be kept and filed therein, and make a report as of the 31st of
December in each year within fifteen days thereafter to the
Governor, including a detailed statement of all the receipts
and expenditures for military purposes during the year. (6)
|
|