Page:1862 Territory of Dakota Session Laws.pdf/412

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CHAP. LX.]
MILITIA.
395

Sect. 10. The several volunteer companies of cavalry, artillery, infantry, light infantry, and riflemen in this territory shall be numbered by the proper commandant of [the] brigade, and a record made of such numbers in his office, and in the adjutant-general's office, and when they exist in sufficient numbers, and are conveniently located for the purpose, shall be organized into battalions and regiments, and officered as provided in section three of this act. And in all cases of the same description of arms and the oldest organized uniform company, [those] first commissioned shall be first and senior in rank, the next uniform company commissioned second in rank, and so on to the junior organized and commissioned company, dating from the first commissions issued to the officers of the company.

Sect. 11. That every commandant of any volunteer independent company shall make a return of all non-commissioned officers, musicians, and privates under his command, belonging to his company, and all the arms and accoutrements belonging thereto, to the commandant of his regiment, squadron, or battalion; but, if his company does not form a part of any regiment, squadron, or battalion, then he shall make return to the commandant of his brigade; but in either case, shall make his return on or before the first day of October in each year; and the commandants of each and every regiment, squadron, or battalion shall make return to the commandant of brigade, on or before the first day of November, annually; and the commandant of brigade shall return to commander-in-chief, on or before the first day of December, in each year. All commandants named in this act shall make return of all commissioned and staff-officers, non-commissioned staff-officers, all members of volunteer or independent companies, all arms and accoutrements belonging to or in possession of their commandants, and all such returns shall be preserved by the adjutant-general, in a book of records in his office; and an abstract thereof, showing the number of uniform volunteer militia, or active military of the territory, shall be by him forwarded to the war department, at Washington city.

Sect. 12. Every non-commissioned officer and soldier of any volunteer company, shall be held to duty therein for two years, unless some absolute disability shall occur after form-