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5 be competent evidence of such orders and temporary 6 appointments, as well as of all matters, of which such 7 records would be evidence, if kept by the clerk.

SEC. 62. Whenever the office of major general, 2 brigadier general, colonel, lieutenant colonel, major 3 commandant, or of captain, shall be vacant; or in 4 case of the absence of any such officer, the officer 5 next in grade and in commission, in the division, brig6 ade, regiment, battalion, or company, on due notice 7 thereof from the proper superior officer, shall exercise 8 the command and perform the duties thereof, until the 9 vacancy shall be supplied.

SEC. 63. Whenever a company shall have neither 2 commissioned nor non-commissioned officers, the 3 commanding officer of the regiment or battalion, to 4 which such company belongs, shall appoint suitable 5 persons within said company, to be non-commissioned 6 officers of the same, and grant them warrants accord7 ingly; one of which non-commissioned officers he 8 shall appoint clerk, and indorse his warrant and ad9 minister the oath to him as directed in the fifty sev10 enth section; and the senior non-commissioned offi11 cer of a company, while there are no commissioned 12 officers in office, shall command the same; and all 13 the powers of commanding officer shall be vested in 14 him, until some commissioned officer shall be appoint15 ed, or chosen and qualified,

SEC. 64. Whenever any company shall have re2 mained without any commissioned officers for the term

3 of three months, the commanding officer of the regi 4 ment, to which said company belongs, shall detail 5 some suitable officer of the staff, or of the line, not 6 above the rank of lieutenant, to train and discipline 7 said company, until some officer shall be elected, or 8 appointed by the commander-in-chief, as provided in 9 the second section of the seventh article of the con10 stitution, and commissioned; and such officer, so de11 tailed, shall have the same power and authority, and 12 be subject to the same liabilities, as if he were cap13 tain of such company; and he shall keep the records 14 of the company, and prosecute for all fines and for15 feitures, in like manner as clerks of companies are 16 authorized and required to do, by virtue of the fifty 17 eighth section of this chapter; one half of the amount 18 so recovered to be to the use of the regiment, and the 19 other half to the use of the officer. The officer so 20 prosecuting shall be a competent witness in the case.

SEC. 65. Whenever the officer, so detailed to com2 mand such company, or when no officer shall have 3 been detailed, whenever the commanding officer of 4 the regiment, to which such company belongs, shall 5 in writing, order any non-commissioned officer or 6 private to notify the persons liable to do military duty 7 in such company, to appear for any duty required by 8 law, any non-commissioned officer or private, who 9 shall neglect or refuse to notify such persons to meet 10 at the time and place and for the purposes mentioned 11 in such order, as aforesaid, shall forfeit and pay not

12 less than twenty, nor more than one hundred dollars, 13 to be recovered by indictment, or by an action on the 14 case, by any person whatever; one half to the use of 15 the State, and the other half to the prosecutor.

SEC. 66. The adjutant general and quartermaster 2 general shall receive compensation for their services, 3 to be allowed by the legislature.

SEC. 67. The following shall be the annual allow2 ance to the officers named in this section, for all ser3 vices they may render in the official discharge of their 4 duties, respectively:

5 To the aid-de-camp, acting as orderly officer to the 6 major general of cach division, twenty dollars;

7 To the brigade inspector of each brigade, twenty 8 five dollars;

9 To the aid-dc-camp of each brigadier general, 10 twenty dollars;

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To the adjutant of each regiment, twenty five dol12 lars;

13 To the adjutant of each battalion of cavalry or ar14 tillery, ten dollars; provided said officers shall promptly 15 and faithfully perform the duties belonging to them, 16 respectively.

SEC. 68. It shall be incumbent on all officers and 2 non-commissioned officers, whose duties are not herc3 in fully defined, to do and perform all such duties, as 4 by law and military principles and usages are attached 5 to their offices, respectively; provided such duties 6 shall be required of them by their senior and com7 manding officer.

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SEC. 69. All military officers, who have been or may hereafter be commissioned, shall hold their res3 pective offices for a term not longer than five years 4 from the date of their commissions, unless re-appoint5 ed or re-elected; and the commander-in-chief shall 6 discharge all such officers accordingly: provided, that 7 in case of vacancy of major general in any division, 8 the commissions of the brigadier generals in such 9 divisions shall not terminate by the limitation afore10 said, till the office of major general shall be filled. 11 But no officer shall be discharged within the said 12 term of five years, otherwise than in pursuance of the 13 sentence of a court martial, except by the command14 er-in-chief, on request of such officer in writing, or 15 by actual removal of residence out of the bounds of 16 his command, and to such distance, that the major 17 general shall think it inconvenient for him to dis18 charge the duties of his office, or by twelve month's 19 absence without leave of the commanding officer of 20 his division, or by the corps to which he belongs, be21 ing disbanded by law; and whenever any division, 22 brigade, regiment or battalion shall be divided, and 23 the residence of any staff officer attached thereto, 24 shall be without the bounds of the corps in which he 25 was commissioned, such staff officer shall be entitled 26 to an honorable discharge, and shall cease to do duty 27 in such office, after such division is made; and the 28 commanding officer may proceed to fill the vacancy 29 occasioned thereby.

SEC. 70. No officer shall be permitted to resign, 2 while under arrest; and no resignation of any officer 3 shall be approved, if such resignation be offered 4 between the first day of May and the first day of 5 November, unless the reasons, offered by the officer 6 wishing to resign within those days, be very urgent.

SEC. 71. No general or field officer shall approve 2 a resignation, until the orderly and other books and 3 property of the State, in possession of the resigning 4 officer, are taken care of for the use of the corps, to 5 which such officer belongs, in order that such books 6 and property may be delivered to his successor.

SEC. 72. If any person, having held an office in 2 the militia, shall after his discharge or removal from 3 office, neglect or refuse, after demand made upon 4 him by his successor in office, to deliver over to his 5 said successor, any property in his possession, belong6 ing to the State, said person shall forfeit and pay a 7 sum not less than twenty dollars, nor more than one 8 hundred dollars, to the use of the State, to be recov9 ered by indictment before the district court.

SEC. 73. No officer shall be considered, as exempt2 ed from the duties of his station, except when under 3 arrest, until he shall have been discharged by one of 4 the methods or causes pointed out in section sixty 5 nine, or shall have received a certificate of discharge 6 from the commander-in-chief.

SEC. 74. If any officer shall, in due course of law, 2 be convicted of any infamous crime, he shall be

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