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payable.

Proviso, absentees, forfeit.

tional sum of ten per cent, to each sharpshooter fifteen per cent and to each expert rifleman twenty per cent of the pay due his rank for attendance at regular drills for the year When due and succeeding that in which said qualifications were made. Said amounts shall be due and payable semi-annually on April thirtieth and October thirty-first each year, and shall be allowed and paid out of the funds annually provided for the support of the organized militia: Provided, That any officer or soldier absenting himself without a reasonable and satisfactory excuse from any regular drill, special drill, inspection, parade or target practice, shall forfeit a sum equal to the amount to which he would have been entitled for attendance at a regular drill, and the same shall be noted on the pay roll and deducted from his pay: Provided further, That any officer or soldier dishonorably discharged shall forfeit all pay and allowances provided by this act: Provided further, That no sum shall be allowed, except for actual presence and duty performed at any of the aforesaid regular drills.

Further proviso. Further proviso.

Pay withheld pending inspection.

Loan of uniforms,

equipment,

etc.

Release of,

etc.

for uniforms, etc.

SEC. 50. No pay provided for in this act shall be paid to any soldier, until after an inspection is had of all military property for which such soldier is responsible, and the value of any shortage, damage or unnecessarily injured property may be deducted from the amount due such soldier before the sum is paid.

SEC. 51. The Quartermaster General shall deliver from the military property in his charge, as a loan to the proper officers of the Michigan national guard, uniforms, arms and equipments, camp equipage and such other military property as may be necessary; and, in case of the discharge or death on discharge, of such officer, he or his legal representatives shall be released from such responsibility, upon filing in the office of the Quartermaster General a bond with sufficient sureties or the certificate of the officer succeeding him, that the articles so furnished are at the date of the certificate in good order and Application condition, reasonable use and wear thereof excepted. The of commander Quartermaster General, on the written application of the commander of a company of the Michigan national guard duly organized, shall furnish suitable uniforms, arms and equipments at the expense of the State, and to each company not occupying an armory furnished by the State, stationed in cities having two hundred fifty thousand inhabitants or more, a sum not to exceed one thousand dollars a year for armory rental, and to each company stationed outside of such cities, a sum of not to exceed five hundred dollars a year for armory rental: Provided, That the State Military Board may increase the amount allowed to each of the companies of the class last named, if it deem it necessary, not to exceed six hundred dollars to a company of infantry, not to exceed one thousand dollars to a troop of cavalry and not to exceed two thousand dollars to a battery of field artillery.

Armory rental.

Proviso.

increase of allowance.

Whenever any articles are furnished as aforesaid to any of the Michigan national guard, the same shall be deposited and kept in such armory.

SEC. 52. All commissioned officers shall provide themselves Uniform and with such uniforms and equipments as may be required by equipment. regulations or orders. Every enlisted man shall be furnished

with such uniform and equipment as is prescribed by regulation or orders.

from arrest.

SEC. 53. All officers and enlisted men who may be in the Privilege actual service of this State or of the United States, in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest and imprisonment during the time of such actual service, and for a period of six months after such service shall cease, and their separate property shall Exempt from during the same period be exempt from all process by way process. of execution, levy, seizement or attachment for debts contracted prior to or during such service: Provided, however, Proviso, That the time during which any such person shall be in such computed. actual service shall not be computed in the limitation for the bringing of any action or the proceeding provided by the general laws of this State.

time

tried for

SEC. 54. The officers, soldiers and civilian employes with Soldiers, who troops in field, garrison, camp or in the armories at the home deemed, how station, or under orders from the commander of the organiza- offenses. tion, shall be taken to be soldiers and subject to be tried by courts martial for all offenses prescribed in the laws of the United States for the government of the armies of the United States and amendments thereto, known as "Articles of War," and for all offenses prescribed by this act and the State regulations.

to consist.

SEC. 55. The military courts of this State shall consist of Military general courts martial, regimental courts martial, garrison courts, of what courts, summary courts and courts of inquiry and such other boards or courts as are provided for by law or regulations of the United States army. They shall respectively have Cognizance. cognizance of the same subjects and possess like powers and be organized and governed by the same procedure as similar courts provided for in the United States army, subject to such modifications and changes as may be prescribed by State regulations.

attendance.

SEC. 56. The judge advocate of any court martial, or sum- Subpoenas mary court officer in summary courts, may issue subpoenas to compel to compel the attendance of witnesses before such courts, and may compel the production of books, records and papers before it and may cause to be detailed an enlisted man to act Process as process server, who shall be vested with the powers of server. constable in relation thereto, and have power to arrest the accused and compel his attendance. Any person refusing or Penalty for neglecting to obey the mandate of said court, either by refus- neglect to ing or neglecting to attend or in refusing to give testimony of court. in said court, shall forfeit the sum of not exceeding fifty

obey order.

Action for forfeit and costs.

Collecting of fines or forfeitures.

Intentional injury to

uniforms or equipment.

Embezzlement, what deemed

Fines and penalties,

where paid.

dollars, to be imposed by said court for each offense, and any respondent who has been duly ordered or cited to appear before said court and refuses or neglects so to do, shall forfeit a sum to be imposed by said court not in excess of one hundred dollars. Said sum so forfeited and costs of suit brought may be recovered in an action of assumpsit before any court of competent jurisdiction, upon the complaint of the judge advocate or summary court officer as plaintiff, as the case may be, and when collected shall be paid into the State military fund. The record of the court imposing said fine shall be prima facie evidence of said debt in any actions thereon.

SEC. 57. All fines and penalties or forfeitures of moneys due by reason of sentence imposed or declared under this act, shall be noted upon any and all pay rolls and be deducted therefrom until the same are collected; or upon complaint being made to the prosecuting attorney of the county where any offense provided by this act was committed or fine or penalty incurred, it shall be his duty to prosecute the offender or delinquent by the appropriate criminal or civil proceedings. For the purpose of collecting any fines, penalties, forfeitures or money sentences imposed either by the military tribunals or by the courts of this State, all benefits by way of exemption, either in the general laws or the garnishment laws of this State, are unavailable, until the fines, penalties, forfeitures or money sentences imposed under any section of this act are realized.

SEC. 58. Any person who shall wantonly or intentionally injure or destroy any uniform or equipment or other military property, and refuse to make good such injury or loss, or who shall sell, dispose of, remove or secrete such uniform or equipment or property, or shall refuse to deliver the same to any officer entitled thereto, or who uses or wears, except in the performance of military duty or by special permission of his commanding officer, any such uniform or military property, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not to exceed one hundred dollars or imprisoned in the county jail not to exceed three months, or both such fine and imprisonment in the discretion of the court.

SEC. 59. Any officer or soldier who shall refuse to account for and to surrender up any moneys or any uniforms or equipment or other military property which may come into his possession, or who shall appropriate the same to his own use, or who shall knowingly make a false pay roll or sign a false certificate which is the basis for the payment of moneys under this act, or who shall aid or abet another in any of said acts, shall be guilty of embezzlement and punished as the criminal laws of the State may direct.

SEC. 60. All penalties and forfeitures provided for by this act, or fines imposed by a military court, shall revert to and be paid into the military fund.

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construction

SEC. 61. Armories may be constructed and equipped by Armories, the State, for the use of the permanent organized militia of and equip the State, as hereinafter provided. To provide a fund for this ment of. purpose there shall be appropriated for the fiscal year ending June thirty, nineteen hundred ten, the sum of thirty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred eleven, the sum of thirty thousand dollars. The amounts raised under the provisions of this section for building armories shall be paid into the State treasury and carried in a fund to be known as the armory building fund. This money shall be paid out by the Treasurer upon the warrant of the State Military Board, approved by the Governor in the same manner as funds are paid out of the military fund upon the warrant of the military board, and it shall be paid out only for the purpose of erecting and equipping armories, as hereinafter provided.

relative to

armories.

SEC. 62. The military board shall have general supervision Military of the preparing of plans and specifications for armories, of board, duty of letting contracts for the erection, furnishing and equipping building the same, and of providing for the inspection of the erection thereof. All expenses connected therewith shall be a charge on, and be payable out of the armory building fund. The State Military Board shall have power to accept land for sites for armories, said sites to be without cost to the State of Michigan, and take title thereto in the name of the State of Michigan, and shall bring necessary action for the purpose of condemning land for armory, building sites. The military board shall have power to procure title to property and cause examination thereof to be made, and to condemn property for the purpose of using same for armories erected under this act. When it is necessary to condemn lands for the purpose of this act, the military board shall have power to cause proceedings therefor to be instituted by the State, of Michigan for the purpose of obtaining such land, and said proceedings shall be started, maintained and terminated in the same manner as is now provided by law when it becomes necessary for the State of Michigan to condemn property for public purposes, and it is hereby declared that the use of lands for armory building sites is a necessary public purpose: Pro- Proviso, as to vided, That such proceedings shall be instituted only when condemnation the amount to be paid upon the verdict of the jury in the site. proceeding shall have been deposited with or adequately guaranteed to the State Military Board. When the State Preparation of Military Board deems it advisable to erect an armory for plans and any of the organizations of the national guard, it shall cause plans, specifications and estimates to be prepared for an armory at the place it has so directed, and when the same shall have been prepared and approved by the Governor it shall proceed to erect said armory as hereinafter directed in

this act.

of lands for

specifications.

When state appropriation inadequate.

for bids.

Deposit of forfeit.

SEC. 63. If, after the plans, specifications and estimates have been prepared in accordance with the provisions of the preceding section, the military board decides that an adequate armory cannot be erected for the sum allotted to the armory in question, and the military organization or organizations for which the proposed armory is to be erected, or some person or persons, firm, corporation or municipality acting for such military organization, shall deposit with the State Treasurer to the credit of such armory building fund, an amount in cash or certified check equal to the difference between the estimated cost and the amount appropriated by the State for such armory, the State Military Board shall advertise for sealed bids for the erection, equipping and furnishing of the same. If an adequate armory can be erected for the amount. Advertisement allotted to such armory, no deposit shall be necessary. The advertisement for bids shall be published in one paper in the city or county in which the armory is to be erected and also in a paper devoted to the interests of the building and contractor's trade having a general circulation throughout the United States. All bids received under said advertisement shall be filed in the office of the adjutant general and must be accompanied by a forfeit consisting of a deposit of cash or a certified check equivalent to two per cent of the estimate of said armory, conditioned upon the bidder entering into a contract, providing his bid is accepted, and all money forfeited shall be placed to the credit of the armory building fund. Upon the day specified in said advertisement the bids received shall be opened by the military board, and the lowest bid which complies with the plans and specifications submitted Contract and shall be accepted. If a bid so made be accepted, the State Military Board shall cause to be prepared a contract and bond between itself as representing the State of Michigan and the contractor for the completion of the armory and the protection of the State. Such contract and bond shall be prepared by the Attorney General of the State and shall provide for the completion of the armory and to protect the State for the pay of material, men and employes. Said contract may provide for payments from time to time in the manner therein specified, but in no case shall the advance payment exceed eighty-five per cent of the bid. When the armory is completed the military board shall inspect the same, and if satisfied shall file its report to that effect with the Governor, and not until such report is filed and approved by the Governor shall the final payment be made upon said contract, and if upon making such final payment it is shown that the full amount of the deposit or donation made by any organization, person, firm, corporation or municipality was not used in addition to the amount appropriated by the State for the erection of such armory, the amount remaining shall be returned by the State Treasurer to the person or persons, firm, corporation or municipality making the deposit or donation. Upon

Opening of bids.

bond.

Inspection of

armory before final payment.

When contribution may be returned.

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