to time, from any one company to any other company, when it shall, in his opinion, be for the best interest of the State, by the advice and consent of the Commander-in-Chief. (766.) SEC. 5. Whenever any articles are furnished, as Majority to direct aforesaid, to any volunteer company, the same shall be depos- to be kept. ited where the majority of the members vote to establish their armory.

where they are

Chief may re

tion of Arms.

(767.) SEC. 6. The Commmander-in-Chief may, from time to commander-intime, require any officer to examine any armory, or arms, quire examinaprovided as aforesaid, and report to him the condition thereof, and of the arms therein deposited.

Company.

(768.) SEC. 7. The Commander-in-Chief shall disband, and May disband the Quartermaster General shall take into his care and keeping all arms, ordnance, and other property of the State heretofore distributed to any company of cavalry, artillery, rifle, or light infantry, already organized, which shall not, within six months from the time when this act goes into effect, report itself to have forty men enrolled, and when commissioned officers shall not transmit to the Quartermaster General the bond above required, with a receipt for the State property in possession of said company.

take Arms, etc.,

(769.) SEC. 8. The Quartermaster General is hereby author- Quartermaster to ized and directed to order any officer to take, or shall himself not in use. take into his care and keeping, any arms, pieces of ordnance, and any other property of the State, not in the use or occupation of any company, or when such company is disbanded, or have not met within one year.

taking care of

(770.) SEC. 9. If it shall appear satisfactorily to the Quarter- Penalty for not master General that any arms, ordnance, or other property of Arms, etc. the State already distributed, or which may hereafter be distributed to any company, has not been safely kept, or properly housed, or has been injured, or lent, or used for other purposes than on military occasions, he shall prosecute the bond given by the commissioned officers of such company, or he shall take away such property from such company, and report such company to the Commander-in-Chief, who shall disband the same; each or both of said penalties at his discretion. For this purpose, the Quartermaster General may inspect, or cause to be inspected, or examined, at any time at his discretion, the arms and property aforesaid.

posing of Arms,

(771.) SEC. 10. Any person who shall sell, retain, conceal, Penalty for disor have in possession any of the arms, ordnance, military etc. stores, or other property of the State of a military character,

Salary of Quartermaster General.

the same not having been delivered to him by any person thereto authorized, or shall retain, or refuse to deliver the same, when demanded by the Quartermaster General on his order, shall be guilty of a misdemeanor, and may, on conviction. thereof, be fined in four times the amount of the property, or punished by imprisonment in the county jail, nor more than six months, or both, in the discretion of the Court.

(772.) SEC. 11. The Quartermaster General shall receive an annual salary of one hundred and fifty dollars, which shall be in full for all services rendered by him by virtue of his said office.

CHAPTER XIV.

Majority of Com

pany to appropriate moneys.

SECTION 1, 2, 3, 4, 5, 6, 7. (a).

(773.) SEC. 8. All moneys received by commandants of volunteer companies, for the use of such companies, and all moneys received by such companies on account of fines, forfeiture, or otherwise, shall be appropriated by a majority vote of the company, or in pursuance of the by-laws of such company. Assessors to re- (774.) SEC. 9. The Assessors of each township and ward of liable to Military a city shall, at the time they return their assessment rolls, return also to the Township or City Clerk a copy of the list of the names of all persons liable to military duty in their township or wards.

turn persons

duty.

List to be transmitted to Adjutant General.

Assessors may administer oaths.

Penalty for neglect of duty by

(775.) SEC. 10. The Township Clerk shall, within ten days after the receipt of said list, transmit the same to the County Clerk, who shall, on or before the first day of August in each year, transmit the same to the Adjutant General.

(776.) SEC. 11. The Assessors shall have power to question, under oath, which they are hereby authorized to administer, any person who they may believe liable to do military duty, but who denies the same; and if any person refuses to be sworn, the Assessor shall enroll his name in the same manner as though he had admitted his liability.

(777.) SEC. 12. If any Assessor or Assessors, Township Assessors, etc. Clerk, or County Clerk, shall neglect or refuse to perform the duty enjoined upon them by this act, the person or persons guilty of such refusal or neglect, shall be liable to a penalty of not less than ten, nor more than fifty dollars, to be recovered

(a) Repealed by Act 56, of 1848. Laws of 1848, p. 53. They related to the levying of a Poll Tax for the support of the Volunteer Militia.

by action of debt before any Justice of the Peace, in the name of the People of the State of Michigan; and it shall be the duty of commandants of brigades and separate battalions to prosecute the same.

CHAPTER XV.

GENERAL PROVISIONS.

(778.) SECTION 1. Courts Martial and Courts of Inquiry are courts Martial

and of Inquiry abolished.

mander-in-Chief

cers.

abolished. (779.) SEC. 2. The Commander-in-Chief, for any of the causes Powers of Comusually authorizing Courts Martial, or Courts of Inquiry, may to suspend Offisuspend any commissioned officer from the exercise of his office, and may dismiss him from office; but no such officer shall be dismissed until he has had an opportunity to disprove the charges made against him.

Chief empowered

out.

(780.) SEC. 3. The Commander-in-Chief is authorized and Commander-inempowered, in case of war, invasion, insurrection, or notice of to order Militia the appearance of an enemy, to order the whole or any part of the Militia to assemble, and the same to lead, order or employ to the assistance or relief of any of the inhabitants of this State; and officers of divisions, brigades, regiments, battalions and companies are vested with the same authority within their respective commands; but when any of them find it necessary to order out the force under his command, he shall forthwith despatch intelligence, and the occasion thereof, with the account of his movements and operations, to his next superior officer, and the officer receiving such intelligence shall observe the same line of conduct.

such

Rev. of 1833,

1838, p. 126.

1840, p. 39. nor 1844, p. 98.

1841, p. 201.

(781.) SEC. 4. The act entitled, "An Act to Organize the Acts repealed. Militia," approved April 23, 1833, and all acts in addition to, p. 47. or in alteration of said act, are hereby repealed; but repeal shall not affect any rights granted by said acts, any proceedings depending or unfinished under them. SEC. 5. This act shall take effect from and after the fourth day of July next.

1845, p. 66.