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CHAP. 128

Duties of trustees.

-compensation.

Section 4. The trustees shall have charge of the general interests of the school and see that its affairs are conducted in accordance with law and such by-laws as they may adopt. They may adopt by-laws which shall be valid when sanctioned by the governor, and council. They may employ a principal and such teachers and other employes as they may deem advisable, and fix the compensation of the same subject to the approval of the governor and council; they may from time to time prescribe the system of education and course of study to be pursued in the school, and shall be allowed for their services their actual

enses and two dollars a day, when actually employed.

Section 5. Chapter one hundred forty-one of the public laws of eighteen hundred and seventy-three, with all acts additional thereto, and amendatory thereof shall constitute the law relative to the admission, care and control of girls in said institution.

Section 6. This act shall take effect when approved by the governor, and the property has been legally transferred to the state.

Approved March 17, 1899.

Law relative to management and control.

When act shall take effect.

Chapter 128.

An Act to amend Chapter two hundred and sixty-six of the Public Laws of

eighteen hundred and ninety-three, relating to the Militia.

Section 35, chapter 266, public laws 1893, amended.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. Section thirty-five of said act is hereby amended by inserting after the word "sergeant" in the third line thereof, the words ‘one quartermaster sergeant;' by striking out the words “forty-two" and "fifty-six” in the fourth line thereof, and inserting in the places thereof, respectively, the words 'thirty-two' and 'ninety-two,' and adding at the end of said section the words ‘and the commander-in-chief shall have authority to authorize the appointment from the privates of an infantry company such non-commissioned officers, artificers and wagoners as will make its organization correspond with that established for the United States army, should the company be recruited to its maximum,' so that said section, as amended, shall read as follows:

‘Section 35. Each company of infantry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, six corporals, two musicians, and not less than thirty-two nor more

Number of officers and men in company of infantry.

missioned

amended.

Number in

amended.

than ninety-two privates, and the commander-in-chief shall have CHAP. 128 authority to authorize the appointment from the privates of an appointinfantry company, such non-commissioned officers, artificers and non-comwagoners as will 'make its organization correspond with that officers. established for the United States army, should the company be recruited to its maximum.'

Section 2. Section thirty-nine of said act is hereby amended Section 39, by striking out all of said section after the word “lieutenant” in the second line, and inserting in place thereof the following: 'two first class sergeants, one quartermaster sergeant, one acting hospital steward, with rank of sergeant, two sergeants, four corporals, and not less than ten nor more than fifteen privates;' so that said section, as amended, shall read as follows:

‘Section 39. The signal corps shall consist of one second lieutenant, two first class sergeants, one quartermaster sergeant,

signal corps. one acting hospital steward, with rank of sergeant, two sergeants, four corporals, and not less than ten nor more than fifteen privates.'

Section 3. Section forty-five of said act is hereby amended Section 45, by adding at the end thereof the following: ‘and he is hereby authorized and directed to cause to be enlisted in each company, battery, troop or corps of the national guard, as a part of the authorized enlisted strength thereof, under rules and regulations to be prescribed by him, a competent person as cook, who shall take rank as, and be allowed the pay of a corporal of the arm of the service to which he belongs, and whose duties in connection with the preparation and serving of the food of the enlisted men of the company, battery, troop or corps and with the supervision and instruction of enlisted men hereby authorized to be detailed to assist him, shall be prescribed in the regulations for the government of the national guard. Each cook will be required to attend such drills and exercises as will qualify him for the performance of the duty of a soldier under arms when necessity requires,' so that said section, as amended, shall read as follows: 'Section 45. The commander-in-chief may authorize the

Additional appointment of additional non-commissioned officers in the sev

missioned eral organizations of the national guard, and upon the staffs of officers may commanding officers whenever the service shall require, and pointed. he is hereby authorized and directed to cause to be enlisted in each company, battery, troop or corps of the national guard, az a part of the authorized enlisted strength thereof, under rules and regulations to be prescribed by him, a competent person as

-enlistment cook, who shall take rank as, and be allowed the pay of a cor- of cooks. poral of the arm of the service to which he belongs, and whose

non-com

duties.

how an

Section 5.

CHAP. 128 duties in connection with the preparation and serving of the

food of the enlisted men of the company, battery, troop or corps -rank and

and with the supervision and instruction of enlisted men hereby authorized to be detailed to assist him, shall be prescribed in the regulations for the government of the national guard. Each cook will be required to attend such drills and exercises as will qualify him for the performance of the duty of a soldier under arms when necessity requires.' .

Section 4. Section sixty-six of said act is hereby amended Section 66, amended. by inserting after the word "be" in the first line, the words 'dis

honorably discharged, discharged without honor, or,' so that said section, as amended, shall read as follows:

‘Section 66. Any officer may be dishonorably discharged, When and

discharged without honor, or discharged by order of the comofficer may be dis- mander-in-chief, upon the report of a military board of inquiry, charged.

or the sentence of a court martial; or when it shall appear to him that such officer has been convicted of any crime, or has been dishonorably discharged or dismissed from the service of the United States, or from the militia of this or any other state.'

Section seventy-eight of said act is hereby Section 78, amended. amended by adding at the end thereof, the following: ‘and such

drill room, armories, headquarters or other places provided for in this section, shall be held for the exclusive use of the national guard, unless otherwise authorized by the commander-in-chief after application in each case by the municipal authorities in writing. If said premises are used contrary to the provisions hereof, there shall be a deduction from the rent of the premises agreed upon, equal to one month's rental for each day of such use,' so that said section, as amended, shall read as follows:

‘Section 78. Municipal officers shall provide for each comMunicipal officers pany of the national guard located within the limits of their shall provide armories. respective towns, subject to the approval of the commander

in-chief or such officer as he may designate, a suitable drill room and armory or place of deposit for the arms, equipments

and other property furnished by the state. They shall also -also head

provide suitable rooms for the headquarters of each separate quarters for battalion, battalion, regiment or brigade established within their limits, regiment or brigade. and a reasonable compensation for the rent thereof, not exceed

ing one hundred dollars per annum, may be allowed to the town

so furnishing, and paid by the state, and such drill room, -armories,

armories, headquarters or other places provided for in this secetc., shall

tion shall be held for the exclusive use of the national guard be for exclusive use of the na

unless otherwise authorized by the commander-in-chief after tional guard.

application in each case by the municipal authorities in writing. If said premises are used contrary to the provisions hereof, there

Section 84,

ment shall meet once a year

amended.

shall be a deduction from the rent of the premises agreed upon,

CHAP 128 equal to one month's rental for each day of such use.'

Section 6. Section eighty-four of said act is hereby amended by striking out the word "twice" in the second line and inserting

amended. in the place thereof the word 'once;' so that said section, as amended, shall read as follows:

'Section 84. The commander-in-chief shall call meetings of omcers of the commissioned officers of each regiment at least once each

each regiyear for military instruction.'

Section 7. Section eighty-nine of said act is hereby amended to on instrucby striking out that part of the section beginning with the word Section 89, "or" following the word "commander-in-chief" in the seventh line, to and including the word "thereof" in the tenth line, and inserting in the place of these words ‘or any justice of the supreme judicial court in term time or vacation; by striking out the words in the eleventh and twelfth lines from "mayor" to "sheriff," inclusive, and inserting in the place thereof the word “justice;' by striking out in lines seventeen and eighteen, the words “a court” and inserting in place thereof ‘such justice;' by striking out the words "our justices” in the twenty-third line and inserting in place thereof the words 'a justice;' by striking out the entire twenty-fourth line thereof and the first word of the twenty-fifth line, and inserting in place thereof the words ‘supreme judicial court;' by striking out the abbreviated word “Esq.,” in the thirty-sixth line and inserting in place thereof the following: 'Justice of the supreme judicial court;' by striking out the last paragraph of this section, beginning with the word "and" and ending with the word "case;" so that said section, as amended, shall read as follows:

'Section 89. When there is, in any county, a tumult, riot, When mob, or a body of men acting together by force with intent to be ordered

out, and commit a felony, or to offer violence to persons, or property, or by whom. by force and violence to break and resist the laws of the state, or of the United States, or when such tumult, riot or mob is threatened, and the fact is made to appear to the commanderin-chief, or any justice of the supreme judicial court in term time or vacation, the commander-in-chief may issue his order, or such justice may issue a precept, directed to any commander of a brigade, regiment or company, directing him to order his command, or a part thereof, describing the kind and number of troops, to appear at the time and place therein specified, to aid the civil authorities in suppressing such violence and supporting the laws; which precept, if issued by such justice, shall be in substance as follows:

CHAP. 128

Form of precept.

STATE OF MAINE. SS. (L. S.) To (insert the officer's title) A. B., commanding (insert his command.)

Whereas, it has been made to appear to a justice of our supreme judicial court, that (here state one or more of the causes above mentioned,) in our county of

and that military force is necessary to aid the civil authority in suppressing the same; now, therefore, we command you that you cause (here state the number and kind of troops required) armed, equipped, and with ammunition, as the law directs, and with proper officers, either attached to the troops, or detailed by you, to parade at

, then and there to obey such orders as may be given them, according to law. Hereof fail not at your peril; and have you there this writ, with your doings returned thereon.

Witness, G. T. B., justice of the supreme judicial court, at

on

on the

day of

in the year

C. D., Clerk. Section 91,

Section 8. Section ninety-one of said act is hereby amended amended. by inserting after the word "guard” in the second line thereof,

the following words; for licensed company;' so that said section,

as amended, shall read as follows: No parade 'Section 91. No parade or voluntary service shall be peror voluntary service al- formed by any organization of the national guard or licensed lowed, with out approval company under arms or with state uniform, without the approval of commander-in-chief. of the commander-in-chief.'

Section 9. Section ninety-eight of said act is hereby amended Section 98, amended. by striking out the words "twenty-five dollars," being the four

teenth and fifteenth words in said section, and inserting in place thereof the words 'one hundred dollars ;' so that said section, as amended, shall read as follows:

'Section 98. Assistant adjutants general and adjutants of Compensation of regiments of the national guard shall receive one hundred dollars assistant adjutants and adjutants of separate battalions, ten dollars annually in general and adjutants. addition to the per diem pay herein provided.'

Section 1o. Section ninety-nine of said act is hereby amended Section 99,

by inserting after the word "cavalry" in the third line thereof, the words the signal corps and the ambulance corps ;' so that

said section, as amended, shall read as follows: . Allowance

‘Section 99. There shall be allowed for each horse actually for horses employed.

employed by officers required to be mounted, three dollars per day and forage; for horses used in the cavalry, the signal corps and the ambulance corps, and by non-commissioned officers and

amended.

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