1860.

State arms not to be used

for private purposes.

Penalties.

titution of the State arms and other property which had been issued for the use of such company.

§ 27. After the expiration of ninety days from the pas sage of this act, no person who is not a member of the Active Militia, shall retain or have in his possession, at any time, arms or military equipments belonging to the State, unless they have been properly issued to such person in pursuance of law, and he shall be permitted by proper authority to retain the same in the discharge of a public duty; and no person, whether of the Active Militia or not, shall use any public arms or equipments for his private use; under the penalty, in either of the above cases, of not less than five dollars for each offense, to be recovered before a justice of the peace, on information by the county attorney; or in the case of a member of the Active Militia, it may be recovered by sentence of a court martial.

§ 28. No public arms or equipments of any kind shall hereafter be issued to any person not members of the Active Militia, except in time of war, insurrection, or public danger so imminent that the commander-in-chief shall consider that the public safety requires him to make the issue.

Of Bands and Field Music.

§ 29. There may be raised for each company, by the volBands and untary engagement of such persons, two musicians; and field music how for each battalion a band, to be composed of not more than

constituted.

Pay.

eight musicians; which several bands, when the regiment is assembled, shall be consolidated into a regimental band under the command of the adjutant. The colonel may appoint a leader, drum-major, and principal musicians, who shall rank as sergeants. The musicians and members of the bands shall be subject to the requirements of this act, and entitled to the exemptions which it grants, to the same extent as other members of the Active Militia; and councils of administration may make reasonable appropriations from the company, battalion, and regimental funds for the payment of such members of the bands and for the hiring of other music.

§ 30. All musicians or other persons, whether members of the Active Militia or not, who may hire their services to a military body, or to any member thereof, shall, during the term for which they were employed, be subject to the same laws and regulations that govern the military body with which they may serve.

Of Cavalry and Artillery.

§ 31. Companies of cavalry and artillery may be organized in like manner with infantry companies, and may be attached to any portion of the infantry force, or otherwise organized as may be most expedient.

32. Every company, battalion, or regiment of the Active Uniform. Militia, unless the commander-in-chief shall prescribe a uniform, shall adopt a uniform for itself, which will be subject, however, to the approval of the inspector general; and no uniform which is not thus approved shall be worn when on duty.

33. Unless the commander-in-chief shall otherwise direct, the uniform of all general officers and their staff, and of all other officers who may not be required to wear the distinctive uniform of their regiment or corps, shall be similar to that of corresponding grades and corps in the United States army, but with modifications adapting it to State troops.

§34. The commander-in-chief, on military duty, will ordinarily wear the uniform of a lieutenant general.

Of troops in the State Service.

Troops in

governed.

§ 35. Whenever any portion of the Active Militia shall be ordered to assemble, for purposes of military instruction, service; under the authority of the commander-in-chief; or whenever any part of the State forces shall be ordered to assemble under his authority in time of war, invasion, insurrection, or public danger, the rules and articles of war, and the general regulations for the government of the army of the United States, so far as they are applicable, and with such modifications as the commander-in-chief may prescribe, shall be considered in force and regarded as part of this act, during the continuance of such instruction, and to the close of such state of war, invasion, insurrection, or public danger; 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 declared by proclamation of the Governor to exist.

§ 36. Whenever any portion of the militia shall be called into the service of the State by the commander-in-chief, in time of war, invasion, insurrection, or public danger, they shall be entitled to pay at the same rates in every respect as the corresponding grades may at the time be entitled to in the United States army.

System of Instruction.

Pay.

how

Tactics U.S.

lowed.

§ 37. The Kentucky State Guard shall be considered as composed essentially of light troops; and the systems of Army to be folinstruction in tactics prescribed for such troops in the United States army, shall be at all times followed in this organization. All other systems are forbidden; and every officer who fails to qualify himself within a reasonable time for

1860.

All command

ers to attend to

instructing

their com

mands.

parades, and

the duties of his position as an instructor of those under his command, shall be dismissed by sentence of a court martial for incapacity.

§ 38. It shall be the duty of all commanders to see that their entire commands are properly instructed in the prescribed drill and discipline; and to this end they shall order officers' drills, and schools of instruction, and superintend the same; and either give instruction themselves, or require some well instructed officer to do so under their directions. They shall likewise frequently superintend the instruction of the companies at their armories or other places of meeting.

39. Commanders of companies shall cause their comFour company panies to parade not less than four times in each year. twelve drills They shall, in addition thereto, order such company drills as may be proper, which shall be not less than twelve drills

each year.

per annum.

§ 40. Commanders of battalions and regiments, when their Battalion & commands, or any considerable portion of them, are in the same county, shall have not less than six battalion drills in each year.

regimen tal drills.

ments.

§ 41. Brigade and division commanders may order enEncamp campments, not to exceed three days in each year, for the same troops.

proceeded

gainst.

a

§ 42. All military ceremonies shall conform to the rules. and regulations in the United States army,

Of Disbursing Officers.

§ 43. Any officer of the militia charged with the disburseDefaulting ment or safe-keeping of public money, or of any of the officers-how funds authorized to be created by this act, who shall not render to the proper authorities a satisfactory account of such money, or shall fail to pay over to his successor such sum or sums as may be in his hands, or as he may have failed satisfactorily to account for, shall be proceeded against as is provided in cases of fines by courts martial; and the proceedings of the council of administration shall be taken as evidence in the case.

§ 44. Any officer of the militia who shall embezzle or Embezzlers misapply public money, or military funds, or public arms, or other property intrusted to his care, shall be deemed guilty of felony.

guilty of felony.

Constitution and By-Laws.

§ 45. Each company, battalion, and regiment may adopt a constitution and by-laws for its own government, which shall be obligatory on its own members, after the same shall have been approved by the commander-in-chief; and fines assessed under the said constitution and by-laws may be collected before a justice of the peace, as provided in cases of courts martial.

Of Exemptions.

§ 46. The commanding officer of every company shall, during the month of December, in every year, and at such other times as may be required, furnish the clerk of every court of record in the county, with a list of the names of the active members of his company, which list shall be verified by his certificate, on honor, that the persons whose names are thus furnished are bona fide members, and attend regularly to their appropriate duties in the company. The commander or the chief staff officer at all headquarters shall make similar returns for their respective headquarters. All such persons, so long as they shall continue active. members of the Volunteer Militia, shall be exempt from all jury duty, fire duty, and from working on all public roads; and any person who can show that he served two full terms of five years each, in the Active Militia, and has been honorably discharged therefrom, may have his name recorded as perpetually exempt thereafter from the civic duties above named.

§ 47. In consideration of the exemptions above granted, the commander-in-chief shall have authority, in all cases of war, insurrection, invasion, or public danger, to call first the Active Militia into the State service; and it shall be his duty so to do, unless the danger should be so imminent as to require the aid successively of the Enrolled Militia and the Militia of the Reserve.

Of General Staff Corps.

§ 48. Whenever the necessities of the service may demand it, the commander-in-chief may appoint on his own staff, and direct the appointment on the staff of his subordinates, of the proper number of officers corresponding with the organization of the general staff corps of the United States army.

Of Encampments.

§ 49. Every commanding officer of a military encampment, or of a military parade, drill, or review, is hereby authorized to ascertain and fix necessary bounds and limits to his parade and drill grounds, (not including any road on which people travel, so as to prevent their passing,) within which no spectator shall have a right to enter without leave from such commanding officer; and in case any person shall intrude within such limits after being once forbidden, he may be confined under guard during the continuance of said drill, review, or encampment, or for a shorter time, at the discretion of the commanding officer; and any person who so offends, or who shall resist any sentry or member of the guard who attempts to put him out of such limits, or to keep him out of the same, may be arrested by order of such commanding officer, using such force as may be

1860.

How called out.

necessary for that purpose, and carried before some court or magistrate or justice of the peace, to be examined or tried for such assault or disturbance and breach of the peace, upon complaint thereof; and it shall be the duty of such civil officer, on the showing of such fact, to deal with such offender as in cases of breach of the peace.

ARTICLE VII.

Of Troops called out by Civil Authorities.

§ 1. Whenever there shall be in any city, town, or county, any tumult, riot, mob, or any body of men acting together by force with intent to commit any felony, or misdemeanor, or to offer violence to persons or property, or by force and violence to break and resist the laws of the Commonwealth, or any such tumult, riot, or mob shall be threatened, and the fact be made to appear to the commander-in-chief, or to the mayor of any city, or to any court of record sitting in said city, or county, or to any judge thereof, or to any judge of the Court of Appeals, or to the sheriff of said county, the commander-in-chief may issue his order, or such mayor, court, judge, or sheriff may, in writing, direct the senior or other military officers convenient to the scene of disturbance to turn out such portion of his or their command as may be necessary to quell, suppress, or prevent such tumult or threatened tumult; and any officer or member of the military who shall fail promptly to obey such orders and directions of said civil officers, shall be subjected to such fines as a court martial shall inflict, and if an officer, shall be cashiered.

§ 2. Whenever it becomes necessary, in order to sustain the supremacy of the law, that the troops should fire upon a mob, the civil officer calling out such troops (in the exercise of a sound discretion) shall give the order to fire to the superior officer present, whenever it can be done, who will at once proceed to carry out the order, and shall direct the firing to cease only when ordered to do so by the proper civil authority.

§3. No officer who has been called out to sustain the civil authorities shall, under any pretence, or in compliance with any order, fire blank cartridges on a mob, under penalty of being cashiered by sentence of a court martial.

ARTICLE VIII.

Of the Military Fund.

§ 1. The military fund accruing from payments into the treasury of money collected in lieu of military service, and from other sources authorized in this act, shall be disbursed from time to time by the authority of the Governor, and is hereby appropriated for the following purposes. only: