A. D. 1912.

ammunition, equipments and uniforms, for such other expenses as may be necessary for the military efficiency of the said companies; and the company commander shall, on the fifteenth day of September of each year, make a full report of the said expenditures to the commanding officer of the said South Carolina National Guard in the city of Charleston, who shall forward the same to The Adjutant and Inspector General: Provided, That one-tenth of the amount collected by the said levy shall be paid by the board to the commanding officer of the colored troops in the city of Charleston, to be by him distributed to the companies of his command in the city of Charleston.

Arms, uniforms and

equipment.

556. Commanding officer may cause arrest.

557. To order meetings.

558. Militia to pass tollgates free.

Section 549. Each regularly organized company of the militia shall be furnished by the State with such arms, uniforms and equipments as are required, upon the written requisition of the commanding officers of such companies, respectively, approved by the regimental commander. The arms and equipments so furnished to any organization of militia shall continue to be the property of the State, or of the United States, to be used for military purposes only, and shall be returned whenever called for by proper authority. It shall be unlawful, and it is hereby forbidden, for any officer of the National Guard, or other person responsible for arms, equipments or other military property, to loan the same under any circumstances whatsoever: Provided, That upon the written order of the Governor such property may be, in cases of extreme emergency, temporarily loaned or issued.

A. D. 1912.

Sec. 550. Any officer who shall receive, according to the Disposition rovisions of this Article, any arms, equipments, or other of arms. ilitary property from the State, shall distribute the same o his command as he may deem proper, taking vouchers herefor. All property so distributed shall remain in the rmory of the command, and shall not be removed thereFrom except by the permission of the commanding officer. Every officer or enlisted man, of any company of the militia, to whom any arms, equipments or other military property shall be so delivered, shall be held personally responsible for its care, safe-keeping and return. He shall use the same for military drills, parades and musters only; and upon receiving a discharge, or otherwise leaving the military service, or upon the demand of his commanding officer, he shall forthwith surrender and deliver up the said arms and equipments, together with all other military property that may be in his possession, to the said commanding officer, in as good order and condition as the same were at the time he received them, reasonable use and ordinary wear thereof excepted.

disposing of

Sec. 551. Any officer or enlisted man who shall, contrary Unlawfully to the lawful order of the proper officer, retain in his pos- property. session or control any arms, equipments or other article of military property belonging to the State or the United States, or who shall wilfully or maliciously destroy or injure any such property, or who shall, when not on duty, use or Penalty. wear any such property without permission of his commanding officer, shall be tried therefor by a Magistrate, and upon conviction shall be fined not exceeding one hundred dollars or imprisoned not exceeding thirty days. Whenever such military property shall be found in the custody or possession of other persons, without right, any officer shall take possession of the same.

See Criminal Code, Section 198.

disposition of

Sec. 552. Any person who shall secrete, sell, dispose of, Frandulent offer for sale, purchase, retain after demand made by a com- property. missioned officer of the National Guard, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property, issued under the provisions of this Chapter, and any person who shall wear any uniform, or any device, strap, knot, or insignia of any design or character wearing Insig used as a designation of grade, rank or office, such as are by

Unlawfully

nia of office.

officer for

law or by general regulation, duly promulgated, prescribed for the use of the active militia or similar thereto, except members of the Army and Navy of the United States and the National Guard of this or any other State, shall be tried therefor by a Magistrate, and upon conviction thereof shall be fined not exceeding one hundred dollars or imprisoned not exceeding thirty days. All money recovered by any action or proceeding under this or the preceding Section shall be paid to The Adjutant and Inspector General, who shall apply the same to the use of the active militia.

See Criminal Code, Section 199.

Liability of Sec. 553. Any officer receiving public property for miliproperty. tary use shall be accountable for the articles so received by him, and shall not be discharged or allowed to resign from the service until he has returned to The Adjutant and Inspector General a receipt from his successor in command. or a proper accounting officer, for the articles issued to him. in good order and condition, or has shown to The Adjutant and Inspector General, by satisfactory proof or by action of a Board of Survey, that any article not so accounted for has been properly expended in the service, or injured, lost or destroyed without any fault or neglect on his part; or if lost or wilfully injured or destroyed through the misconduct of any person, that reasonable efforts have been made by him to recover or prosecute for the same. In addition he shall be liable to make good to the State, or United States, all such property so injured, lost or destroyed by any neglect or default on his part, and for the recovery of which he has made no reasonable effort.

Drills and parades.

Sec. 554. Regimental, brigade and battalion commanders may order out their respective commands, or any part of them, for parade, drill, review or inspection, at such times and places as they may deem most convenient. The Commander-in-Chief may order reviews or encampments of such portions of the militia at such times and places as he shall deem proper. Each company, battery or troop, composing the active militia shall be required to assemble for drill and instruction at their respective armories or other rendezvous, or for target practice, not less than twenty-four (24) times during each calendar year, and that in addition thereto each of the said organizations shall participate in practice

marches or attend camps of instruction for at least five consecutive days: Provided, That the Commander-in-Chief may excuse, for good and valid reasons, any organization from participating in said practice marches, or from attending said camps of instruction.

A. D. 1912.

appear.

Commanding officer

rest.

Sec. 555. No officer or enlisted man shall fail in repair- Failure to ing at the time fixed to the place of parade, drill or other rendezvous appointed by his commanding officer, if not prevented by sickness or some other evident necessity, or shall go from the said place or rendezvous without leave from his commanding officer, before he shall be regularly dismissed or relieved, on the penalty of being punished, according to the nature of his offense, by the sentence of a court martial. Sec. 556. The commanding officer, upon any occasion of duty, may place in arrest during the continuance thereof may cause arany person who shall trespass upon the camp ground, parade ground, armory or other place devoted to such duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty. He may prohibit and prevent the sale or use of all, spirituous liquors, wine, ale or beer, the holding of huckster or auction sales, and all gambling within the limits of the post, camp ground, place of encampment, parade, or drill under his command, or within such limits not exceeding one mile therefrom as he may prescribe. And he may in his discretion abate as common nuisances all such sales.

meetings.

Sec. 557. The commanding officer of any brigade, regi- To order ment, battalion or company may require the commissioned officers and non-commissioned officers of his command to meet for instruction, exercise and improvement at such times and places as he shall appoint; and he may require them to appear with such arms and accoutrements as he may prescribe; said officers shall thereupon be formed into a corps of instruction, without regard to rank, and shall be thoroughly instructed in the manual of arms, the school of the soldier and the company, and in such other theoretical and practical details as the said commanding officer shall deem proper.

Sec. 558. Any person belonging to the military forces of To pass tollthis State, going to or returning from any parade, drill or

gates free.

A. D. 1912.

meeting, which he may be appointed by law to attend, shall, together with his conveyance and the military property of the State, be allowed to pass free through all tollgates and over all tollbridges and ferries.

Military Courts.

Exemption from action

Section 559. The Military Courts of the State shall be: 1. General courts martial.

2. Regimental courts martial.

3. The summary court.

4. Courts of inquiry.

The constitution and jurisdiction of courts martial, the form and manner in which the proceedings of military courts shall be conducted and recorded, and the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punishment and the proceeding in revision shall be governed by the Articles of War and the law and procedure of the courts martial of the United States, except as hereinafter modified. No officer or enlisted man shall be tried except on written charges and specifications. The arraignment of the accused, the proceedings, trial and record, shall, in all respects, conform to the forms and requirements of the United States law and practice of courts martial, except as herein otherwise provided.

Sec. 560. No action or proceeding shall be prosecuted at law. or maintained against a member of a military court, or