how pro county, to be paid by the County Treasurer on presentation of Armory, the Auditor's certificate that such allowance has been made by vided and the Board of County Commissioners. The Treasurer shall re- paid for. quire a receipt of the person presenting said certificate, which shall be received by the State Treasurer as so much money, and be so allowed in the settlement by the County Treasurer with the Controller and Treasurer of State. Such expenses shall not exceed seventy-five ($75) dollars per month for any company, except that each company regularly drilling with field pieces or machine guns, and using horses therewith, may be allowed an additional sum not to exceed twelve and one-half ($12 50) dollars per month for each such piece or gun. allowance shall be ordered and the amount thereof fixed within the limit according to the discretion of the Adjutant General. Said ment, how SEC. 42. Two or more companies may constitute a battalion, Battalion and four or more companies may constitute a regiment. The and regiregiment may be subdivided into battalions with appropriate constituted. commanding officers. No new regiment shall be formed while there is an existing regiment of less than six companies. SEC. 43. When a sufficient number of companies wish to form themselves into a battalion or regiment they shall give notice through their commanding officer to the Brigadier General of their brigade, or in his absence, to the Adjutant General, who shall, if upon notice the Adjutant General approve such formation, appoint some suitable officer to hold an election of the officers of such battalion or regiment, and the officers so appointed shall fix a time and place for such election, by giving ten days' notice thereof, by publication in some newspaper, or by posting at least one notice in a conspicuous place in the armory of each company affected. Such election shall be by ballot by a majority of the commissioned officers of the companies, calling for the organization of the battalion or regiment. The officer so appointed to hold the election shall preside over and superintend such election, and as soon as it shall have been determined he shall make out certificates of election to the officers so elected, and a certified account of the proceedings of said meeting, with a certified copy of the notice of said meeting, all of which he shall transmit to the Brigadier General of the brigade, who shall transmit them, with a certified copy of the appointment of such officer to hold the election, to the Adjutant General of this State through the ordinary channels of military correspondence. SEC. 44. The Commander-in-Chief may attach an unattached company to a battalion or regiment temporarily or permanently. He may order appropriate separate organizations to form battalions and regiments and elect officers, and may, when necessary, appoint temporary officers to command said new bodies until they shall have elected commanding officers. SEC. 45. When there are two or more regiments, the Com- Brigade, mander-in-Chief may form them into a brigade, and appoint how formed. a Brigadier General, and when there are two or more brigades, he may form them into a division, and appoint a Major Gen Brigade, eral; provided, that he may retain in office any officer serving how formed. at the time of the passage of this Act, until the end of his own term of office. Staff of Commander-inChief. Staff of Staff of Staff of Colonel or SEC. 46. The military staff of the Commander-in-Chief shall consist of one Adjutant General, three Aids-de-Camp with the rank of Lieutenant Colonel, one Chief Engineer, one Paymaster General, one Judge Advocate General, and one Surgeon General, each with the rank of Colonel. SEC. 47. The staff of each Major General of Division shall consist of one Assistant Adjutant General, with the rank of Lieutenant Colonel; two Aids-de-Camp, with the rank of Major; one Engineer Officer, one Ordinance Officer, one Quartermaster, one Commissary, one Paymaster, one Division Inspector, one Judge Advocate, and one Surgeon, with the rank of Lieutenant Colonel, and four staff Orderlies, with the rank of Sergeant Major. The staff of the Adjutant General shall consist of one Aid-de-Camp, with the rank of Captain. The staff of each General of Brigade shall consist of one Assistant Adjutant General, with the rank of Major; one Aid-de-Camp, with the rank of Captain; one Engineer Officer, one Ordnance Officer, one Quartermaster, one Commissary, one Paymaster, one Brigade Inspector, one Judge Advocate, and one Surgeon, with the rank of Major, and two staff Orderlies, with the rank of Sergeant Major. SEC. 48. The commissioned staff of a Colonel of a regiment shall consist of one Adjutant with the rank of First Lieutenant, one Quartermaster, one Commissary, one Paymaster, one Ordnance Officer, one Inspector of Rifle Practice, each with the rank of First Lieutenant. One Surgeon with the rank of Major, one Assistant Surgeon with the rank of First Lieutenant, and one Chaplain, with the rank of Captain. The non-commissioned staff shall consist of a Sergeant Major, Quartermaster Sergeant, Commissary Sergeant, Ordnance Sergeant, Hospital Steward and Principal Musician. SEC. 49. The commissioned officers of a battalion may elect a Lieutenant Colonel and a Major, and the commissioned officers of a regiment may elect a Colonel, a Lieutenant Colonel and two Majors. SEC. 50. The staff of a Lieutenant Colonel, or a Major comLieutenant manding a battalion, shall consist of one Adjutant and one Assistant Surgeon, each with the rank of First Lieutenant, and one Sergeant Major, to be appointed by such commanding officer. Major. By-laws of regiment. SEC. 51. Regiments, battalions and companies may adopt, battalion or for the regulation of their business and the government of their members, constitutions, by-laws and rules, not in conflict with the laws of the State; provided, that unless a company be then under call for active service, no member shall be elected except by ballot and upon one month's notice given at a regular meeting and posted in the armory, and the rules as to the number of votes required to elect or defeat a candidate shall not be suspended. SEC. 52. It shall be the duty of the acting Orderly Ser geant of the company and Sergeant Major of the battalion or Records, regiment to keep a perfect and complete record of the consti- how kept. tution, by-laws, rules and regulations of his company, battalion, or regiment, which shall be signed by the Captain or Commander, and countersigned by the Orderly Sergeant or Sergeant Major, and said record shall, at all times, be subject to the inspection of any member of the company, battalion, or regiment, and all military officers or persons interested therein, and if any member of such volunteer company, battalion, or regiment shall fail to comply with the provisions of such constitution, by-laws, rules and regulations, he may be expelled from such company, battalion, or regiment, and his name erased from its roll. SEC. 53: The rules of discipline and regulations of the Rules of army of the United States shall, so far as the same may be government deemed practicable by the Commander-in-Chief, constitute the rules of discipline and regulations of the organized militia of this State, and the rules and articles of war established by Congress for the army of the United States shall be adopted, so far as they may be applicable, for the government of the militia of Nevada in active service. in-Chief. SEC. 54. The Commander-in-Chief may promulgate such Powers of directions, rules and regulations for the government and con- Commanderduct of the National Guard as may be necessary, but he shall not require any company to go beyond the boundaries of the county to which it belongs, except on a call for active service, or by special authority of law. SEC. 55. Persons elected to membership in a company shall enlist either for one, three, or five years. SEC. 56. When any member shall continue in the National Guard three days after the expiration of the term of his enlistment he will be deemed re-enlisted for a similar term. be dis SEC. 57. Every active member of a company who shall have Members of served on enlistment for three years shall be entitled to a cer- Militia may tificate of service and honorable discharge; and every member charged, of a company who shall have served for seven years shall, in when. addition, be entitled to a metallic bar as a designation of honorable service to the State. But no certificate or bar shall be granted unless the person to whom it is granted shall have attended at least sixty per cent. of the company drills during the required time, except he be a commissioned officer above the rank of Captain. SEC. 58. Every person at the time of the passage of this Act, a member of a company, and who has been a member for not less than two years, may have the time of his past service taken into account in granting certificates or bars; provided, he shall after the passage of this Act, and without having discontinued said service, enlist and serve for not less than one year. in-Chief. SEC. 59. The Commander-in-Chief shall have power to tem- Power of porarily suspend the requirements regarding enlistment and Commanderallow persons to join companies for a less time than one year; provided, such suspension shall relate to all the companies in the State and shall be promulgated by a general order. But Exempt from jury the time of such suspension shall not be taken into account in computing the time of service required for certificate or bar. SEC. 60. Every person joining a company shall be deemed enlisted for a period of one year from the date of his election, unless he enlists for a longer period. SEC. 61. Every member of a company who has attended sixty per cent. of the drills of his company for a year past, and duty, when. who produces a certificate to that effect, signed by the officer commanding the company, and every regimental officer actually performing military duty as such, shall be exempt from jury duty. Any person not properly exempt under the provisions of this section, may be punished by the Court for contempt, for falsely claiming such exemption. Duties of Military SEC. 62. It shall be the duty of the Board of Military Auditors to audit and pay all reasonable expenses incurred by volunteer companies in the service of this State under orders for active duty, and officers attached to the same, and all other claims required under the provisions of this Act; to personally inspect, at least once in each year, all military supplies, stores and property belonging to the State and in possession of the Adjutant General, and to may be sold, condemn such portion thereof as may be deemed worthless or unfit for safe use by the militia of this State, and cause the same to be sold or disposed of, as may be deemed for the best interest of the State; and the Treasurer of the State is hereby required to pay such claims as herein provided for, and as audited by said Board out of any moneys in the General or Military Fund not otherwise appropriated. supplies when. System of drill. Acts and repealed. SEC. 63. No member of the National Guard shall be entitled to compensation for attendance at an encampment merely for drill practice or instruction. SEC. 64. The system of instruction in drill regulations prescribed for the different arms and corps in the United States Army shall be followed in the military instruction and practice of the militia of this State, as far as practicable, and the use of any other system is forbidden. SEC. 65. No company shall be entitled to receive public money for its support unless it shall meet for drill not less than one hour, at least once in each month. And each company may be required to meet oftener, in the discretion of the Commander-in-Chief. SEC. 66. Sections one, two, three, four, five, six, seven, parts of Acts eight, nine, twelve, sixteen, seventeen, eighteen, nineteen, twenty, twenty-two, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-four, forty-five, fifty-three, fifty-five, seventy-two and seventy-five of "An Act to provide for organizing and disciplining the militia of the State of Nevada," approved March four, eighteen hundred and sixty-five, and all Acts or parts of Acts amendatory of and supplemental to said sections, and an Act amendatory of and supplemental to said above entitled Act, approved March one, eighteen hundred and eighty-three, and an Act amendatory of and supplementary to said above entitled Act, approved March three, eighteen hundred and eightyseven, and all other Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. CHAP. XCI.-An Act amending sections one, four and five of an [Approved March 6, 1893.] The People of the State of Nevada, represented in Senate and SECTION 1. Section 1 of said Act is hereby amended so as to read as follows: missioners. Section one. The Board of State Prison Commissioners, as Duties named in section twenty-one of Article V. of the Constitution, Board State shall have such supervision of all matters connected with the Prison ComState Prison as is provided for as follows: They shall have full control of all of the State Prison grounds, buildings, prison labor, and prison property; shall purchase, or cause to be purchased, all needed commissary supplies, all raw material and tools necessary for any manufacturing purposes carried on at said prison; shall sell all manufactured articles and stone, and collect the money for the same; shall rent or hire out any or all of the labor of the convicts, and collect the money therefor, and shall regulate the number of officers and employes, and fix the salaries thereof. SEC. 2. Section 4 of said Act is hereby amended so as to read as follows: elected. Section four. On the third Wednesday in January, A. D. Warden of eighteen hundred and ninety-five, the Board of State Prison State Prison Commissioners shall elect a Warden of the State Prison. The Warden so elected shall take charge of the same on the first day of February following his election, and shall hold office until his successor is elected and qualified. He shall be subject, at all times, to the order and direction of said Board of State Prison Commissioners. The Warden shall be the chief executive officer of the Prison, at a salary of two thousand dollars per annum, and shall reside at the Prison. SEC. 3. Section 5 of said Act is amended so as to read as follows: Section five. The Warden shall have the general superin- Warden's tendence of prison discipline and prison labor; shall have the duties. power to engage and remove all employes; shall keep or cause to be kept, a book, wherein shall be recorded the name, age, sex, occupation, place of birth, where sent from, the crime charged, date of incarceration, and expiration of term for which the prisoners therein confined why [were] sentenced, and shall make out a correct monthly report of the same, and file such |